Smt.Rama Deo v. State
Case brief
What is this about?
Appealing against a suit dismissal but failing to appeal against a favorable counter-claim, the appellant was barred by res judicata. The High Court held the counter-claim decree is final and dismissed the appeal.
What did the court decide?
Appeal dismissed; no order as to costs.
What the court decided
HIGH COURT OF ORISSA: CUTTACK R.S.A. No.48 of 2009
From the judgment and decree dated 30.10.2008 and 14.11.2008 respectively passed by Shri A.K. Das, learned District Judge, Keonjhar in R.F.A. No. 49 of 2007 confirming the judgment and decree dated 09.10.2007 and 03.11.2007 respectively passed by Shri R.N. Panda, learned Civil Judge (Senior Division), Keonjhar in T.S. No. 88 of 1995.
Smt. Rama Deo …. Appellant Versus State of Orissa and others …. Respondents For Appellant Mr. Samir Kumar Mishra, Adv. For Respondents A.S.C.
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH
Date of hearing and judgment: 24.01.2019
DR.A.K.RATH, J. Plaintiff is the appellant against a confirming judgment in the suit for declaration of title, confirmation of possession and in the alternative for recovery of possession and permanent injunction.
02. The case of the plaintiff was that the suit land was recorded in the name of Lord Balunkeswar Mahesh Bije Badasasan, Keonjhar. After abolition of estate, it was wrongly recorded in the name of the Government as Anabadi. The Executive Officer of the deity filed O.E.A. Case No. 40 of 1986 before the O.E.A. Collector, Keonjhar to record the suit land in favour of deity. By order dated 10.07.87, the O.E.A. Collector settled Ac.18.07 dec. in favour of deity on rayati status subject to payment of back rent and salami from
Issues for consideration
3 issues framed by the court
Whether the judgment and decree of the trial court on the counter-claim operates as res judicata when no appeal was filed against it in the subsequent appeal against the dismissal of the suit.
Whether the appeal against the dismissal of the suit deserves dismissal without remission to the first appellate court.
Whether the plaintiff's failure to appeal the counter-claim decree bars him from challenging it in the suit's appeal.
Parties & counsel
- appellant
Smt. Rama Deo
- respondent
State of Orissa
Coram
DR. A.K. RATH
Case details
As recorded by the court registry
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