The Calcutta Law Journal Short Notes of Cases articles and other Matters December 1927

But the lower appellate Court reversed the decision on the finding that a wrong decision on a point of law:could not be the basis of a plea of res judicata. [...] On appeal two points have been raised for decsion(i) whether an erroneous decision on a point of law could be the basis for the applicability of Ithe doctrine of res judicata and (2) whether the pecuniary jurisdiction of the trial Court had any bearing on the application of the principle of res judicata. [...] The mortgagor's grandson then 'came forward am' challenged the whole proceedings including the mortgage and the sale and got a decree to the effect that they were void againSt him In consequence the auction purchaser got his money returned.fron the plaintiff on the 22nd efFebruary 1923. [...] The application was allowed by the first' Court but the Court of appeal dismissed it on two grounds namely that the application was incompetent under Order XXXI rule 6 of the C. P. C. and that it was barred by three year's rule of limittion provided by article TM of the Limitation Act. [...] Held (per Dalat and Pu/lan 77.) that Order XXXIV rule 6 prvided for a case where the net proceeds of a sale were instrificient to satisfy the debt due to the plaintiff and in the present case the refund of the sale-proceeds having been made the plaintiff had nothing to satisfy his dues and that therefore he was quite comptent to apply under Order XXXIV rule 6 of the C P. C. That time did no