Law: Civil Procedure Code (V of 1908)

Section: S.11-Res judicata

Civil Procedure Code (V of 1908), S.11-Res judicata-"Court competent to try such subsequent suit"-Competence to be deter mined with reference to date when earlier suit was instituted.   The reasonable construction of the phrase "in a Court com petent to try such subsequent suit" appears to be that it must refer to the jurisdiction of the Court at the time when the first suit was instituted and not that of the Court at the time when the second suit is instituted. Accordingly subsequent rise in value of the properties will not in any way determine the jurisdiction of the Court but the value of the properties at the time when the first suit was instituted. If this interpretation be given to this phrase, in that case the purpose of section 11 of the Code of Civil Proce dure will be served. Hence once a suit is tried by a Court having jurisdiction both pecuniary and local and decided finally, that will be binding between the parties. Rise in price of the subjectmatter of the first suit in future and filing of a suit in a higher Court valuing the property at a higher price, will not take away the effect of the decision that was given in the previous suit between the same parties litigating under the same title.   Gopi Nath Chobey v. Bhagwat Pershad and another I L R 10 Cal. 697 and Mohendra Nath Biswas and others v. Shamsuunessa Khatun and others 19 C W N 1280 ref.   JUDGMENT   HASAN, J.-This appeal is at the instance of the defendants 1 to 19 against the judgment and decree passed in a suit for partition instituted by the plaintiffsrespondents.   Plaintiffs have claimed shares on purchase from some persons giving a certain genealogical table. The contesting defend ants have challenged the genealogical table and the shares claimed by the plaintiffs. To meet the objection of the defendants, the plaintiffs have relied upon a previous decision in Title Suit No. 50 of 1921 between the parties and relating to the same subject-matter of the present suit. The Courts below upholding the contention of the plaintiffs rejected that of the defendants on the plea that the defendants' plea was barred by the principle of res judicata…