BASUDEB NATH Vs. DIPTIKONA NATH

JUDGEMENT

(1.) This appeal has been filed under Section 28 of the Hindu Marriage Act against the judgment of the learned Additional District Judge, Cachar at Silchar dated 13-11-95 passed in Title Suit No. 86 of 1992. By the impugned judgment the learned Judge held that this suit is barred by the principle of res judicata and accordingly dismissed the suit holding to be barred under Section 11 of C.P.C. Section 21 of the Hindu Marriage Act reads as follows :

(2.) The principle of res judicata may apply in certain cases also in a matter under Hindu Marriage Act. There is an authority for this proposition of law in AIR 1981 SC 1143, Guda Vijayalakshmi v. Guda Ramachandra Sekhara Sastry where the Supreme Court pointed out as follows (at page 1145) :

(3.) The next case is AIR 1984 SC 1562, Smt. Saroj Rani v. Sudarshan Kumar Chadha where in paragraph 15 the law has been laid down as follows :