HUKUM CHAND Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE present appeals have been preferred against the judgment and decree dated 6th July, 2006, whereby the Trial Court dismissed the suit filed by the plaintiffs, on the preliminary issue that the suit was barred by the principles of res judicata. The core question involved in the first appeals fall within a very narrow compass and may be framed thus: whether a suit for declaration and consequential relief of injunction is barred on the principles of res judicata by an earlier decision of an appellate tribunal constituted under the Delhi Development Act, 1957 (DD Act ).

(2.) THE factual matrix, crystallized into a chronology of dates and events relevant to determine the above question for the purpose of the present appeals, is as follows:

(3.) BEFORE examining the submission of counsel on the question raised before us, it is necessary to extract the relevant provisions of the CPC and DD Act. Section 11 of CPC reads as under: