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Determining the applicability of res judicata based on a previous judgment in a case involving rent of a tenure and the jurisdiction of the courts. Analysis: The case revolves around the question of whether a former judgment constitutes res judicata in a current suit regarding the rent of a tenure. The defendants rely on a previous suit from 1867 where an abatement of rent was granted by the Deputy Collector, arguing that it bars the current suit. The Subordinate Judge upheld this defense, leading to the appeal. The defendant contends that the Subordinate Judge erred in applying Section 13 of the Code of Civil Procedure, claiming that different jurisdiction between the courts in the two suits negates the application of res judicata. However, the Court disagrees with this interpretation, citing a previous case where it was clarified that the jurisdiction of the court at the time of the first suit is crucial in determining res judicata, regardless of subsequent changes in property value or jurisdiction. Drawing from the precedent, the Court emphasizes that the competency of the court at the time of the initial suit is paramount in assessing the applicability of res judicata. Despite the courts in the former and current suits being of different jurisdictions, the Deputy Collector's Court was the only competent court at the time of the first suit. Therefore, the decision in the previous suit is deemed a bar to the current suit, following the principles of res judicata. Consequently, the Court affirms the decision of the Subordinate Judge, dismissing the appeal and ordering costs to be borne by the appellant. The judgment underscores the importance of considering the jurisdiction of the court at the time of the initial suit in determining the binding effect of prior judgments, reinforcing the doctrine of res judicata in the legal context.
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