REETHA JOHN Vs. KUNJAPPAN @ VARATHAPPAN

JUDGEMENT

(1.) Is the issue regarding res judicata a question of law alone, in all circumstances? (2) Can the issue regarding res judicata be considered as a preliminary issue in all suits?

(2.) Challenging the concurrent findings entered by the Munsiff's Court, Wadakanchery in O.S.No.584 of 2004, followed by those of the Additional District Court in A.S.No.409/2008, the plaintiffs in the suit have come up with this Regular Second Appeal.

(3.) It seems that the Munsiff's Court, after framing issues, considered Issue No.1 as a preliminary issue and held that the suit was barred by res-judicata. Based on the aforesaid finding on the said issue, the Munsiff's Court, dismissed the suit. Aggrieved by the dismissal, the plaintiffs preferred A.S.No.409/2008 before the District Court, Thrissur. The Additional District Court, Thrissur also concurred with the aforesaid finding entered by the learned Munsiff and dismissed the appeal, and hence this Regular Second Appeal.