BISESWAR PATWARI Vs. LABU BALA PATWARI
LAWS(CAL)-1996-11-1
HIGH COURT OF CALCUTTA
Decided on November 14,1996

BISESWAR PATWARI Appellant
VERSUS
LABU BALA PATWARI Respondents

JUDGEMENT

R.Bhattacharyya, J. - (1.)This revisional application is directed against order No.50 dated 17.2.93 passed by the learned First Assistant District Judge at Barasat in T.S. Case No. 103 of 1990. Before I embark on an enquiry to examine the viability and the potentiality of the claim, a few questions may be posed up in this case for disposal of the revisional application.
(2.)Can a competent court of law decide a question afresh when decided once? Can a cause of action which is not recurring survives after a decision rendered by a court of law? Can there be any immortality of the proceedings within the realm of section 11 of the Code of Civil Procedure and the principle analogous thereto?
(3.)In the perspective of the above question it is found that the court has been often tortured and tormented by the parties to decide an issue which has already been disposed of by a court of law. The court has always answered the question in the negative that the court is divested of Jurisdiction to decide a controversy between the parties which reached the stage of finality. It received a final burial by the courts of our country, but the parties by their ever-lasting desire have not abated their actions in the court of law.
;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.