AIR 2003 SUPREME COURT 718 ::2003 AIR SCW 14 ::2003 (1) UJ (SC) 280 ::2003 UJ(SC) 1 280 ::(2003) 2 CivLJ 306 ::2003 (1) RecCivR 236 ::(2002) 8 Scale 479 ::2003 (1) All CJ 696 ::2002 (4) CurCC 194 ::2003 (1) SCC 488 ::(2003) 1 AllMR 1208 (SC) ::(2003) 2 All WC 1678 ::(2003) 1 BLJ 460 ::2003 (1) BLJR 345 ::2003 BLJR 1 345 ::2003 (2) ICC 549 ::2003 (1) JLJR 269 ::2003 (1) PatLJR 273 ::2003 (2) LandLR 168 ::2002 (7) SLT 83 ::(2002) 8 Supreme 253 ::(2003) 3 AllIndCas 851 (PAT) ::2003 (1) SRJ 170

Supreme Court Of India

(From : (2002 (2) WLC 488 (Raj))

Hon'ble Judge(s): Ruma Pal, Satya Brata Sinha , JJ

(A) Civil P.C. (5 of 1908) , S.24— Transfer and withdrawal of suit - Power of High Court - Scope - Revision against order framing an issue filed before High Court - High Court noticing that plaintiff having lost twice before Revenue Courts is still pursuing suit for same relief, ordering withdrawal of suit to its file and disposing of suit - Order of High Court is not without jurisdiction - Moreso, when plaintiff has submitted without demur to jurisdiction of High Court - Under concept of abuse of process Court can refuse party from pursuing his remedy in law. (Para 18 20) (B) Civil P.C. (5 of 1908) , O.14 R.1— Preliminary issues - Res judicata, constructive res judicata as also maintainability of suit - When facts are admitted, to be decided as preliminary issues. (Para 21) (C) Limitation Act (36 of 1963) , Art.64, Art.65— Civil P.C. (5 of 1908) , S.11— Res judicata - Constructive res judicata - Land allotted to displaced person - Treated as escheat and allotted to appellant - Allotment cancelled at behest of daughter of displaced person by Revenue Authorities - Cancellation attaining finality - Mutation of disputed land in favour of respondent-daughter of di....