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CPC PPT-Aditya Awasthi

Mathura Prasad Bajoo Jaiswal & Ors vs Dossibai N. B. Jeejeebhoy was a 1971 case heard by the Supreme Court of India. The appellants had filed an application in civil court seeking determination of standard rent for leased land, which was rejected. The same was affirmed by the Bombay High Court. The appellants then filed a fresh plea in a different court, which was also rejected. The Supreme Court held that a decision on a question of law operates as res judicata in subsequent proceedings between the same parties, if the cause of action is the same. However, if the question is purely one of law relating to jurisdiction or an illegal order, the rule

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188 views7 pages

CPC PPT-Aditya Awasthi

Mathura Prasad Bajoo Jaiswal & Ors vs Dossibai N. B. Jeejeebhoy was a 1971 case heard by the Supreme Court of India. The appellants had filed an application in civil court seeking determination of standard rent for leased land, which was rejected. The same was affirmed by the Bombay High Court. The appellants then filed a fresh plea in a different court, which was also rejected. The Supreme Court held that a decision on a question of law operates as res judicata in subsequent proceedings between the same parties, if the cause of action is the same. However, if the question is purely one of law relating to jurisdiction or an illegal order, the rule

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Aditya Awasthi
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CASE ANALYSIS

Mathura Prasad Bajoo Jaiswal & Ors vs Dossibai N. B. Jeejeebhoy

Citation: 1971 AIR 2355, 1970 SCR (3) 830

Bench: Hon’ble Justice J.C. SHAH, K.S. HEGDE, A.N. GROVER,

Presented By:
Aditya Awasthi
LLB 2018-21
Vth Sem
Asian Law College
FACTS
Appellant
Appellant filed
filed an
an application
application in
in Civil
Civil
Court
Court for determination of standard rent
for determination of standard rent
for his leased land
for his leased land ..

Application
Application was
was rejected
rejected as
as provisions
provisions of
of
Bombay Rents, Hotel and Lodging House
Bombay Rents, Hotel and Lodging House
Rates
Rates Control
Control Act,
Act, 1947
1947 doesn’t
doesn’t apply
apply ..

Same was affirmed by


Bombay High Court later on.

But
But there
there was
was decision
decision on
on similar
similar matter
matter
of
of different matter which led applicant to
different matter which led applicant to
file a fresh plea in Court of Small causes.
file a fresh plea in Court of Small causes.

That
That plea
plea was
was also
also rejected
rejected and
and
confirmed
confirmed later
later by
by Bombay
Bombay High
High
Court.
Court.

This
This led
led to
to the
the appellant
appellant to
to file
file aa
petition
petition through
through special
special leave
leave toto
Supreme
Supreme Court.
Court.
Statutory Provisions

 Code of Civil Procedure (Act 5 of 1908): Section11


ISSUE

 Whethera decision on a question of, law


operates as res- judicata ?
Observation By Supreme Court
 A matter in issue between the parties is the right claimed by
one party and denied by the other, and the claim of right from
its very nature depends upon proof of facts and application of
the relevant law thereto. A pure question of law unrelated to
facts which give rise to a right, cannot be deemed to be a
matter in issue.
 A decision on an issue of law will be as res judicata in a
subsequent proceeding between the same parties, if the cause
of action of the subsequent Proceeding be the same as in the
previous proceeding, but not when the cause of action is
different.
Judgment
 It was held that “where the decision is on a question law, i.e.
the interpretation of a statute, it will be res judicata in a
subsequent proceeding between the same parties where the
cause of action is the same for the expression "the matter in
issue" in Section 11 of Code of Civil Procedure. Where,
however, the question is one purely of law and it relates to the
jurisdiction of the Court or a decision of the Court sanctioning
something which is illegal, by resort to the rule of res judicata
a party affected by the decision will not be precluded from
challenging the validity of that order under the rule of res
judicata,for a rule of procedure cannot supersede the law of
the land.”

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