Principles of res judicata applies on Appeal Cross examination of Bank witnesses which Already Rejected by Previous Order: DRAT
Principles of res judicata would apply in the case as pending O.A. an order was passed rejecting the prayer for cross examination of the Bank witnesses which attained finality
In a recent case , the Debts Recovery Appellate Tribunal (DRAT) has held that principles of res judicata applies on appeal cross-examination of bank witnesses that were already rejected by a previous order. The appellant challenged the order dated 25.4.2025 passed by DRT, Guwahati wherein he dismissed the I.A. 13 of 2019 for recall and review of the order...
In a recent case , the Debts Recovery Appellate Tribunal (DRAT) has held that principles of res judicata applies on appeal cross-examination of bank witnesses that were already rejected by a previous order.
The appellant challenged the order dated 25.4.2025 passed by DRT, Guwahati wherein he dismissed the I.A. 13 of 2019 for recall and review of the order passed by DRT on 29.6.2017. It appeared that the Appellant herein is Defendant No. 2 in the O.A. proceedings pending before she DRT, Guwahati. I.A. 100 of 2017 was filed for cross examination of the Bank witnesses by the Appellant which was dismissed by the DRT on 29.6.2017. This order was not challenged by the Appellant hence attained finality. Thereafter, as per the submission made by the Counsel for the Appellant, Defendant No. 3 moved an application for cross examination of the Bank witnesses which was allowed by the DRT. Thereafter, Appellant also moved an application for recall and review of the order dated 29.6.2017 within thirty days which was dismissed by the impugned order.
Counsel for Appellant would submit that at the very initial stage when the I.A. 100 of 2017 was dismissed. Appellant did not challenge the order but when the same relief was granted to another Defendant No. 3, Appellant again moved an application for recall and review of the order as it would be discriminatory between the Defendant No. 2 and 3.
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It was observed that iIn any case in which it is found that the matter directly and substantially in issue has been directly and substantially in issue in the former suit and has been heard and finally decided by such Court, the principle of res judicata is not to be ignored merely on the ground that the reasoning, whether in law or otherwise, of the previous decision can be attacked on a particular point.
On the other hand it is plain from the terms of sec. 11 of the Code that what is made conclusive between the parties is the decision of the Court and that the reasoning of the Court is not necessarily the same thing as its decision. The object of the doctrine of res judicata is not to fasten upon parties special principles applicable to them inter se, but to ascertain their rights and the facts upon which these rights directly and substantially depend and to prevent this ascertainment from becoming nugatory by precluding the parties from re-opening or recontesting that which has been finally decided.
Justice Anil Kumar Srivastava dismissed the appeal at the Admission stage and observed that, wherein pending O.A. an order was passed rejecting the prayer for cross examination of the Bank witnesses which attained finality. Thereafter, again Appellant moved for the same relief. Principles of res judicata would apply in the case.
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