Sulthan Said Ibrahim vs Prakasan 2025 INSC 764 - Res Judicata - Order I Rule 10, Order XXII Rule 4 CPC - Specific Relief Act

Res Judicata - The principles of res judicata apply not only to two different proceedings but also to different stages of the same proceeding as well. - Referred to Bhanu Kumar Jain v. Archana Kumar reported in (2005) 1 SCC 787

Code of Civil Procedure 1908 - Order I Rule 10 - Order I Rule 10 inter alia empowers the court to allow addition, substitution or deletion of a party to a suit at any stage of the proceedings - The power to strike out or add parties under Sub-rule (2) can be exercised by the court on an application made by the parties before it, or upon an application by a third party who desires to be added as a party, or even suo motu. (Para 45)

Code of Civil Procedure 1908 - Order I Rule 10 and Order XXII Rule 4 - The power to strike out or add a party to the proceedings under Order I Rule 10 can be exercised by the court at any stage of the proceeding. However, the same cannot be construed to mean that when a particular party has been impleaded as a legal heir under Order XXII Rule 4 after due inquiry by the court and without any objections, the party can approach the court anytime later and seek his deletion from the array of parties by filing an application under Order I Rule 10. If at all the appellant was aggrieved by his impleadment as a legal heir, the suitable course of action was to first object to his impleadment under Sub-rule (2) of Order XXII Rule 4. (Para 51)

Specific Relief Act 1963 - When the exclusive possession of the suit property could be said to be with the original defendant when the suit was decreed, the relief of transfer of possession is implicit in the decree for specific performance directing the original defendant to execute a sale deed in the favour of the original plaintiff - Referred to Rohit Kochhar v. Vipul Infrastructure Developers Ltd. (Para 64-65)

Quotes - The path to justice is often winding, shaped by the weight of hierarchy and the labyrinth of procedure. The seeker, weary yet resolute, climbs each rung of the judicial ladder, only to stand at the summit with hope overshadowed by the fear of denied relief. (Para 2)

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