AMARENDRA KOMALAM Vs. USHA SINHA

JUDGEMENT

(1.) Leave granted.

(2.) The main issue that arises for consideration in this appeal is whether an issue, already settled in a suit between the same parties in respect of certain subject-matter, can be allowed to be raised again between the very same parties in regard to the same subject-matter, but in a different suit.

(3.) The issue involved in the earlier proceedings was whether respondent No.1 could raise the issue that there was interpolation in the clause relating to renewal of lease deed in the agreement between the parties dated 02-09-1978. The High Court held that the said respondent could not raise that issue as she had expressly given it up. This was affirmed by this Court when the respondent challenged the order of the High Court before this Court in S.L.P.(C) No. 16513 of 2001, dated 13-09-2002. Now respondent No.1 seeks to re-agitate the very same issue in another suit between the same parties. According to the appellants, the said issue cannot now be raised as the said respondent is barred by the principles of res judicata, waiver and estoppel. However, the sub-Judge as also the High Court of Patna have now allowed the respondent to raise the said issue.