Principle Of Res Judicata Is Inapplicable To Enquiry Or Trial Under Order 22 Rule 5 CPC

The Karnataka High Court stated that the principles of Res Judicata are inapplicable to the parties to the proceedings under Order 22 Rule 5 of the Civil Procedure Code (CPC).

Justice C.M. Joshi clarified that findings in such proceedings are binding only for representation of the deceased’s estate but do not serve as final judgments.

It emphasized that evidence recorded in such trials has relevance but does not constitute res judicata.

The court also held that denial of rights in joint family property does not amount to ouster. Consequently, the appeal was dismissed.