9911796707
TMI Blog1882 (7) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... now Respondent) pleaded " want of consideration, and that in a previous suit for ₹ 1665, interest on this bond, the issue regarding consideration was decided in favour of Defendant the Court deciding that Defendant had received only ₹ 4790 and not ₹ 12,000"," which decision was upheld on appeal. Upon this a preliminary issue was framed by the Court as follows:--" Is the issue regarding consideration a res judicata (Section 13, Act. X of 1877) between "the parties?" The decision of the Deputy Commissioner upon this issue was in favour of the Defendant, and judgment was given for the balance found to be due of the principal sum of ₹ 4790 and the interest thereon. From this decree there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om that order was rejected by him. 3. The question now before their Lordships depends upon the construction of Section 13 of Act X. of 1877. Before considering that question, it will be well to refer to the state of the law in India when that Act was passed. Section 2 of Act VIII. of 1859, the Code of Civil Procedure for which Act X. of 1877 was substituted, provided that the Civil Courts should not take cognizance of any suit brought on a cause of action which should have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they claim. It is clear that this section would not have applied to the present case, the causes of action in the two suits--the non-pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n India a great number of Courts, that one main feature in the Acts constituting them is that they are of various grades with different pecuniary limits of jurisdiction, and that by the Code of Procedure a suit must be instituted in the Court of the lowest grade competent to try it. For instance, in Bengal, by the Bengal Civil Courts Act, No. VI. of 1871, the jurisdiction of a munsif extends only to original suits in which the amount or value of the subject matter in dispute does not exceed ₹ 1000. The qualifications of a munsif and the authority of his judgment would not be the same as those of a district or of a subordinate judge, who have jurisdiction in civil suits without any limit of amount. In their Lordships' opinion it wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter directly and substantially in issue has been heard and finally I decided by a Court of competent jurisdiction, in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title. 6. The intention seems to have been to embody in the Code of Procedure, by Sections 12 and 13, the law then in force in India, instead of the imperfect provision in Section 2 of Act VIII. of 1859. And, as the words of the section do not clearly shew an intention to alter the law, their Lordships do not think it right to put a construction upon them which would cause an alteration. 7. The first suit was for ₹ 1665, for interest only, the principal not being then due, and the matter i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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