AIR 1956 PUNJAB 129 ::ILR (1956) Punj 1

Punjab High Court

Hon'ble Judge(s): Bhandari , C.J. AND Khosla, S. S. Dulat , JJ

Civil P.C. (5 of 1908) , S.11 Expln.IV— Pro forma defendant. Res judicata, 12 Cal 580 (FB) and 1298 Lah 493 (AIR V 15) and 1935 Lah 942 (AIR V 22), and 1938 Lah 842 (AIR V 25) Dissented from. (Per Majority, Khosla, J. contra) :- A party to an action can escape the binding force of a former adjudication between the same parties only if he can satisfy the Court that he had no right to be heard in the earlier case or that he had no control over the proceedings. A 'pro forma' defendant is joined as a party in a suit because his presence is necessary in order to enable the Court effectually and completely to adjudicate upon the matters in controversy between the parties. He does not enjoy any special rights or privileges which are not available to others and is as bound by the decision of the Court as the other parties to the litigation. If, therefore, any such person had a right to be heard or to control the proceedings he is bound by the doctrine of 'res judicata' even though he was joined merely as a formal party and even though no relief was sought or claimed against him.(Para 15 16) After remand of the suit by the appellate Court the trial Court ordered the parties and their counsel to be summoned for 11-7-1946. On 22-6-1946 the plaintiff put in an application in Court saying t....