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Issues Involved: Effect of non-filing of appeal in connected suit with common issues.
Summary: The appellant filed a suit for recovery of amount due, while the respondent filed a suit for recovery of excess amount paid. Both suits were connected and tried together with common issues. The trial court found the Corporation liable to pay only at D.G.S. & D. contract rates. The appellant did not appeal the dismissal of part of its claim but appealed against the decree in favor of the Corporation. The High Court dismissed the appeal as barred by res judicata, as the finding that the appellant was entitled to charge only D.G.S. & D. rates had become final. The validity of the finding was challenged, arguing that Section 11 of the Civil Procedure Code did not apply as both suits were decided by a common order. The court held that when more than one suit is decided by a common order, the decision in one suit can operate as res judicata in other suits. The failure to file an appeal against a judgment or decree makes it final, and the same consequence applies when a connected suit's judgment is not appealed from. Referring to a Constitution bench decision, it was emphasized that the finality of a finding in a connected suit, due to non-filing of an appeal, precludes the court from proceeding with an appeal in another suit. The Court concluded that the High Court's decision was not open to interference, and the appeal was dismissed with no order as to costs.
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