Doctrine of Res Judicata applicability to interlocutory orders

 

Doctrine of Res Judicata _ applicability to interlocutory orders.

 

Principle of res judicata depends upon the facts and circumstances of each se and the nature of the order passed at an earlier stage of the proceedings.

 

ILR  2010 PAGE NO: 2446

 

The terms “Interlocutory Orders” and “ Res Judicata” discussed-HELD, According to Balck’s dictionary, the word “ interlocutory” means provisional, interim, not final, something intervening between the commencement and end.  According to Shorter Oxford Dictionary, the word “ inter” means pronouncements during the course of action, not finally decisive.  The term “interlocutory order” has not been defined in the CPC.  An order may be a step in the direction of final disposal of the suit or proceedings.  For example, orders regarding impleadment of parties, maintainability of a suit, jurisdiction of the court, grant of TI, appointment of receiver or commissioner etc., can be said to be interlocutory orders._ further held, the doctrine of res judicata is based on the need of giving finality to judicial decisions.  If any interlocutory order decides a controversy in part between the parties such decision would bind the parties there to operate as res-judicata at all subsequent stages of the suit and the court will not permit the party to “ set the clock back” during the pendency of the proceedings.  The test whether doctrine of res judicata is applicable or not, depends upon the facts and circumstances of each cas and the nature of order passed at an ealier stage of the proceedings.  IOW the question whether an order passed at one stage would not attract the general principle of res judicata depends upon the facts and circumstances of each case and the nature of the order passed at an earlier stage of the proceedings.

                                                        --------  ** -------