JUSTUS GOMEZ, AGED 68 YEARS S/O. ELIAS GOME, BEENA BHAVAN, 32/30 MADHAVAPURAM KADAKAMPALLY VILLAGE THIRUVANANTHAPURAM Vs. MANUEL GOMEZ S/O. ELIAS GOMEZ, TC 1/2, NEAR NORTH GATE OF VSSC (ISRO), PALLITHURA P.O. THIRUVANANTHAPURAM-695 001,

JUDGEMENT

(1.) THE plaintiff had earlier filed I.A. No. 3406/2011 to direct the third defendant to produce the file No. B3 -1455/99. The third defendant is the Superintendent of Survey and Land Records (Re -Survey), Kazhakkoottam. The said application was disposed of on 04.06.2011 permitting the plaintiff to produce certified copy of the relevant pages of the file. The court below resorted to this course obviously because the file kept in the office of the third defendant is a public document. The suit later closed on the ground of res -judicata was restored to file by order dated 22.11.2011 in C.R.P. No. 372/2011 by this court. The plaintiff has again filed I.A. No. 2640/2012 for the same purpose seeking a direction to the third defendant.

(2.) IT is trite law that the principles of res -judicata apply to different stages of the same litigation. The court below was therefore perfectly correct in dismissing I.A. No. 2640/2012 in view of the order in I.A. No. 3406/2011. I.A. No. 3406/2011 was disposed of on 04.06.2011 itself even prior to the closure of the suit on 06.06.2011. The order of the court below does not suffer from any infirmity warranting interference under Article 227 of the Constitution of India. I however clarify that the plaintiff/petitioner is at liberty to obtain certified copy of the relevant pages of file No. B3 -1455/99 kept in the office of the third defendant. The court below shall grant a breathing time to the plaintiff to obtain the certified copy of the public document for production. The court below shall thereafter dispose of the suit expeditiously in the light of the directions in C.R.P. No. 372/2011.