AIR 1989 MADHYA PRADESH 316

Madhya Pradesh High Court

Hon'ble Judge(s): S. N. Awasthi , J

(A) Civil P.C. (5 of 1908) , S.11— Madhya Bharat Zamindari Abolition Act (13 of 1951) , S.38— Madhya Bharat Land Revenue and Tenancy Act (66 of 1950) , S.86— Res judicata - Petition for quashing order of mutation passed by Revenue Authorities under S.38 of Act (13 of 1951) - Subsequent suit by petitioner involving dispute pertaining to rights of parties is not barred by principle of res judicata. Where the writ petition was not for declaration of any status or right between the parties but for quashing the order of mutation passed by the revenue authorities under S.38 of the Act (13 of 1951), subsequent suit by the petitioner involving dispute pertaining to rights of parties was not barred by principle of res judicata. Since the enactment (66 of 1950) itself provides that an aggrieved party can file a suit, the remedy of filing a suit was open to the petitioner of that writ petition. The jurisdiction of the High Court in that writ petition was only confined to the grounds raised for quashing the order of mutation. Since the jurisdiction of Civil Court has specifically been conferred by the statute, it cannot be taken away on filing a writ petition. Since the questions raised by the plaintiffs require evidence to prove them, the decision in the writ petition would not bar the subsequent suit on principles of res judicata. Case law discussed.(Para 21) ....