AIR 1980 KARNATAKA 230 ::(1980) Ker LT 690

Kerala High Court

Hon'ble Judge(s): V. Balakrishna Eradi , C.J. AND K. K. Narendran , J

Civil P.C. (5 of 1908) , S.11 Expln.VIII— (amended by Act 104 of 1976) - Effect of Explanation - Decisions rendered even by Civil Courts of limited pecuniary jurisdiction operate as res judicata - Fact that such Court rendering decision is not competent to try subsequent suit is immaterial - Words "Court of limited jurisdiction" are not restricted to Courts other than Civil Courts. AIR 1978 Cal 440, Dissented from. Constitution of India , Art.133(1)— The Parliament's object in introducing Explanation VIII was to remove the anomaly and to render the principle of res judicata more effective by providing that the prior decision rendered on the issue concerned by a court of limited jurisdiction competent to decide such issue shall operate as res judicata in a subsequent suit notwithstanding that such court of limited jurisdiction was not competent to try such subsequent suit. In such case it cannot be said that the expression "court of limited jurisdiction" signifies courts other than ordinary courts of civil judicature such as revenue courts, land acquisition courts, insolvency courts, probate courts etc. The expression "a Court of limited jurisdiction" is wide enough to include a Court whose jurisdiction is subject to a pecuniary limitation and it will not be right to interpret the said expression as connoting only courts other than ordinary Civ....