GITA RAM KALSI Vs. PRITHVI SINGH
HIGH COURT OF PUNJAB AND HARYANA
GITA RAM KALSI
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(1.) This appeal raises the question whether a person who is merely a formal party to an action and against whom no relief is claimed is bound by or entitled to the benefits of the rules of res judicata
(2.) The facts of the case are simple and not in dispute. On the 22nd August, 1945 one Geeta Ram brought a suit against S. Arjan Singh defendant No. 1 for a mandatory injunction restraining him from putting up any structure on a courtyard belonging jointly to the plaintiff and defendants 1 to 7 and requiring him to demolish any structure which had already been constructed. Defendants 1 to 7 were impleaded as defendants but relief was claimed only against defendant No. 1 and none against defendants 2 to 7. Defendants 2 to 7 failed to appear in Court and ex parte proceedings were taken against them. On the 18th June, 1947 the trial Court passed a decree in favour of the plaintiff, the relevant portion of which is in the following terms :-
"It is hereby ordered that an ex parte decree for permanent injunction in accordance with the prayer in the plaint be passed in favour of the plaintiff against defendant No. 1. Defendant Nos. 2 to 7 are pro forma."
(3.) When the plaintiff proceeded to execute the decree for the demolition of the building whcih had been constructed on the courtyard belonging jointly to the plaintiff and the defendants, Prithvi Singh and Nand Avtar Singh defendant Nos. 6 and 7 raised certain objections under section 47 and Order 9 rule 13 of the Civil Procedure Code. The alleged that the decree was not executable against them for various reasons, among others being-
(a) that an ex parte decree had been passed against them;
(b) that the decree had been passed against defendant No. 1 alone and no one else;
(c) that defendants 2 to 7 had been described in the plaint as pro forma; and
(d) that no relief had been claimed, and no decree awarded, against them.;
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