Res judicata - Judgment should be passed by court of competent jurisdicti

CPC (Civil Procedure Code, 1908 ) CPC - Sections Section 11

For operation of res judicata, judgment should be passed by court of competent jurisdiction

S. 11 - Provincial Small Causes Courts Act, S. 15 – U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, Ss. 2(2), 21 – Suit for eviction - Bar of res judicata - For operation of res judicata, judgment should be passed by court of competent jurisdiction

In this case the building in question having been constructed and completed in 1977, in 1983, then years having not passed, Act No. 13 of 1972 was not applicable by virtue of Section 2(2) of Act, 1972. That being so the Prescribed Authority under Section 21 of Act, 1972 lacked patent jurisdiction. A jurisdiction cannot be conferred even by consent of parties. It is an elementary principle, where a Court has no jurisdiction over the subject-matter of the action in which an order is made, such order is wholly void, for jurisdiction cannot be conferred by consent of parties. No waiver or acquiescence on their part can make up the patent lack or defect of jurisdiction. If the decision/order of court/authority is void for want of jurisdiction over the subject-matter, it since the essential pre-requisite is that it should be the within the meaning of Section 11 of the Civil procedure Code. Something which is wholly without jurisdiction, that is nullity in the eyes of law, no principle of law would come to confer any kind of effectiveness to such proceedings so as to have any legal consequence. (Ramesh Chandra Yadav II Addl. District Judge, Jalaun at Orai and Ors; 2012 (6) ALJ 130)