Jharkhand High Court Reiterates Res Judicata Principle in Amendment Applications
Last Updated on December 29, 2024 by Athi Venkatesh
The Jharkhand High Court recently reinforced the principle of res judicata, ruling that an order passed at one stage of a proceeding cannot be revisited later. Justice Subhash Chand relied on the Supreme Court’s decision in Satyadhyan Ghosal v. Smt. Deorjin Debi (AIR 1960 SC 941). The Court emphasized that prior decisions preclude the same matter from being reconsidered in subsequent applications.
The case involved plaintiffs seeking amendments to delete two plot numbers and adjust the total area in the plaint. They also sought corrections to two other plot numbers. The trial court rejected their application, noting that similar amendments had already been denied earlier.
The High Court observed that the earlier rejection barred reconsideration of the same issues. It noted, however, that the proposed deletion of plots was a formal amendment and did not alter the plaint’s core or prejudice the defendants.
The Court clarified that adding one plot number in place of another was impermissible because both plots were already included in the plaint’s schedule. The Court stated, “No prejudice is likely to be caused to the defendants by allowing the deletion of two plot numbers and their areas.”
Since the trial court’s findings were sound, the High Court dismissed the civil miscellaneous petition. It upheld that the amendments seeking deletion were permissible, but corrections involving plot substitution were rightly denied.
Case Title: Parvez Akhtar and Ors v. Tabish Ansari and Ors.
