AIR 1960 SUPREME COURT 941 ::1962 (1) SCJ 268 ::1960 3 SCR 590 ::1964 (1) SCJ 266 ::1964 (1) SCWR 301

Supreme Court Of India

(From Calcutta )*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta , JJJ

(A) Calcutta Thika Tenancy Act (2 of 1949) , S.28— Tenancy Laws - Omission @page-SC942of S. 28 by Calcutta Thika Tenancy (Amendment) Act (1953) - Effect of amendment is that S. 28 cannot, after the amending Act came into force, be applied to any proceedings pending on date of commencement of Calcutta Thika Tenancy Ordinance, 1952. Calcutta Thika Tenancy (Amendment) Act (6 of 1953) , S.l(2)— AIR 1960 SC 936, Foll. (Para 5) (B) Civil P.C. (5 of 1908) , S.11, S.105— Principle or respondent judicata - Basis and scope of - Interlocutory order - When can be challenged in appeal from final decree or order - Order of remand passed by High Court - Appeal to Supreme Court by special leave from final decision after remand - Section 105 (2) does not apply - Order of remand can be challenged. The principle of res judicata is based on the need of giving a finality to judicial decisions. What it says is that once a res is judicata, it shall not be adjudged again. Primarily it applies as between past litigation and future litigation. When a matter- whether on a question of fact or a question of law - has been decided between two parties in one suit or proceeding and the decision is final, either because no appeal was taken to a higher court or becaus....