Supreme Court of India

Baldevdas Shivlal v Filmistan Distributors (India) (P) Ltd

AIR 1970 SC 406; (1970) 1 SCR 435; (1969) 2 SCC 20119701 min read
The case in brief30-second read
Facts
In a suit in the Court of Small Causes, Ahmedabad, the trial court overruled an objection to a question put in cross-examination. In revision the Gujarat High Court went on to hold that a 1954 agreement created a lease and that a consent decree operated as res judicata.
Issue
Whether an order allowing a question in cross-examination is a 'case decided' under S.115 CPC, and whether the High Court in revision could decide the res judicata issue.
Held
A case is decided only when the court adjudicates some right or obligation of the parties in controversy; an order on an objection to a question is not a case decided. The High Court had no jurisdiction in that revision to decide issues the trial court had not yet decided. A consent decree does not operate as res judicata. The appeal was allowed.
Principle
Not every interlocutory order is a 'case decided' under S.115 CPC; revision lies only where the order adjudicates a right or obligation of the parties.
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Facts

  • In a suit in the Court of Small Causes, Ahmedabad, the trial court overruled an objection to a question put in cross-examination. In revision the Gujarat High Court went on to hold that a 1954 agreement created a lease and that a consent decree operated as res judicata.

Issue

  1. Whether an order allowing a question in cross-examination is a 'case decided' under S.115 CPC, and whether the High Court in revision could decide the res judicata issue.

Held

  • A case is decided only when the court adjudicates some right or obligation of the parties in controversy; an order on an objection to a question is not a case decided. The High Court had no jurisdiction in that revision to decide issues the trial court had not yet decided. A consent decree does not operate as res judicata. The appeal was allowed.

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Citation

Baldevdas Shivlal v Filmistan Distributors (India) (P) Ltd AIR 1970 SC 406; (1970) 1 SCR 435; (1969) 2 SCC 201

Reported: https://indiankanoon.org/doc/595622/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.