MOHAMMED KUNHI Vs. JANAKI AMMA

JUDGEMENT

(1.) Is the principle of res judicata applicable to an order of dismissal of an application for joint trial This is the main question arising for decision in this revision.

(2.) The revision petitioners are the defendants in O.S. No. 473 of 1996 and the plaintiffs in O.S. No. 113 of 1998 both of the Munsiff's Court, Kannur. They filed an application for joint trial of the two suits in February, 1998 and it was dismissed as per a common order passed on 17.12.1998. Subsequently, they filed yet another application for the same relief and that was dismissed as per the impugned order finding that the earlier dismissal constituted res judicata for consideration of the second application.

(3.) Mr. K.V. Sohan, Advocate, who argued the case of the revision petitioners, took the stand that the principle of res judicata, as such, will not apply to procedural matters and that the question of joint trial relates to a matter of procedure. It is also argued by him that in the nature of the case joint trial of the two suits was essential. On the other hand, the learned counsel appearing for the 6th respondent asserts that the bar applied to the case in hand and that the dismissal of the petition as per the impugned order is well justified.