Consequently, very obviously, even as per sub-section (4) of Section 6 of the Specific Relief Act, the principle of res judicata does not get attracted when a suit instituted under that provision is decreed, except perhaps to the extent that any finding on who actually was in possession of the suit property at the relevant time, cannot be re-agitated in a separate suit.
As regards title to the suit property, to repeat, the principle of res judicata is specifically ousted by sub-section (4).
Naturally, that is the basic principle of res judicata, which however has absolutely no applicability when a suit under Section 6 of the Specific Relief Act is instituted and even decreed in favour of the plaintiff therein, with the defendant therein still not barred from raising the question of title in a subsequent suit.
14. Coming to the argument raised by learned counsel on the touchstone of Section 40 of the Evidence Act, though that provision would obviously be otherwise relevant even to apply the principle of res judicata, however, in the face of a statutory provision under a special Act enacted for the purpose of granting relief in specific circumstances, i.e. the Specific Relief Act, 1963, the aforesaid provision of the Evidence Act would not be applicable, because once the Act of 1963 stipulates that a suit brought under Section 6 of that Act would not debar a party to that lis from instituting a separate suit to prove his title thereto, naturally Section 40 of the Act of 1872 can have no application.
The said provision reads as follows:-
"40. Previous judgments relevant to bar a second suit or trial.- The existence of any judgment, order or decree which by law prevents any Courts from taking cognizance of a suit or holding a trial is a relevant fact when the question is whether such Court ought to take cognizance of such suit, or to hold such trial."
15. Consequently, in view of the above discussion, finding no ground to reverse the order of the trial court, this petition is dismissed.
It is however again made clear that as regards any finding on possession of the suit land as was recorded by the trial court in the previous lis (the judgment dated 03.10.2017 in the suit instituted under Section 6 of the Act of 1963), such finding of course cannot be adjudicated upon in the suit in the present lis, at least qua those who were parties to the suit under Section 6.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No. 2230 of 2019 (O&M)
Decided On: 31.05.2019
Rani Vs. Manoj and Ors.
Hon'ble Judges/Coram:
Amol Rattan Singh, J.
Citation: AIR 2019 (NOC) 729 P& H
