Rishabh Chand Jain vs Ginesh Chandra Jain - Supreme Court

 Rishabh Chand Jain & Another vs Ginesh Chandra Jain - Supreme Court Important Judgment 2016 - 


On 13th April, 2016, in the case of Rishabh Chand Jain & Another vs Ginesh Chandra Jain [Civil Appeal No.4543 of 2016], it was held that the impugned order dismissing the suit on the ground of Res Judicata did not cease to be a decree on account of a procedural irregularity of non-framing an issue. It was held that “the court ought to treat the decree as if the same has been passed after framing the issue and on adjudication thereof, in such circumstances. What is to be seen is the effect and not the process. Even if there is a procedural irregularity in the process of passing such order, if the order passed is a decree under law, no revision lies under Section 115 of CPC in view of the specific bar under sub-Section (2) thereof. It is only appealable under Section 96 read with Order XLI of CPC.”

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