Write short notes on Judgment in rem and Judgment in personam.

Question: Write short notes on Judgment in rem and Judgment in personam.

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Answer

Judgments are of two kinds (1) Judgment in rem and (2) Judgment in personam.

Judgment in rem.— Judgments affecting the legal status of some subject matter, person or thing are called judgment in rem (e.g.) divorce court judgment, grant or probate or administration. Such judgments are conclusive evidence against all the persons whether parties to it or not.

Judgment in personam.— Judgments in personam are all the ordinary judgments not affecting the status of any subject matter, any person or anything. In such judgments, the rights of the parties to the suit or proceeding are determined. The judgment is binding only on the parties to the suit or the proceeding and their privies. Privies may be divided into three classes:

1. privies in interest (or estate) as the donor, donee, lessor, lessee, mortgagor, mortgagee or vendor, vendee,
2. privies in blood as ancestor, heir or coparcener,
3. privies in law (or representation) as a testator or executor. The same rule applies to these privies as to original parties, i.e., a person claiming through another is bound by the judgment in the same manner as the original party.

Distinction between judgment in rem and judgment in personam

Where a tribunal has to determine between two parties and between them only, the decision of that tribunal, though in general binding between the parties and privies, does not affect the rights of third parties; and if in the execution of the judgment of such a tribunal, the process is issued against the property, of one of the litigants and some particular thing is sold as being his property, there is nothing to prevent any third person setting up his claim to that thing, for the tribunal neither had jurisdiction to determine nor did determine anything more than that the litigant’s property should be sold and did not do more than to sell the litigant’s interest, if any, in the thing.

All proceedings of the court of common law are of this nature, and it is an everyday experience that where the Sheriff under a jery facias against A has sold a particular chattel, B may set up his claim to that chattel either against the Sheriff or the purchaser from the Sheriff.

But when the tribunal has jurisdiction to determine not merely on the rights of the parties, but also on the disposition of the thing, and does in the exercise of that jurisdiction direct that the thing, not merely the interest of any particular party in it, be sold or transferred, the case is very different.

Whatever it settles as to the right or title, or whatever disposition it makes of the property (by sale, transfer or other act), will be held valid in every other country as against all the persons where the question comes directly or indirectly in judgment before a tribunal.

A judgment in rem has been described as “an adjudication upon the status of some particular matter by a tribunal having competent authority for that purpose.” A judgment in rem is a conclusive proof against all the world of the existence of that state of thing which that judgment had determined. The difference between judgment in rem and judgment in personam will be cleared by examples.

Examples—A is indebted to more than a hundred persons to the extent of a lakh of rupees. He makes an application in an insolvency court for being declared insolvent. As he is required to show that he is not able to pay his debt and that his debt amounts to more than, Rs. 500, he mentions the debt of only five of his creditors amounting to Rs. 25,000 and makes them parties to the petition.

The court adjudicates him as insolvent and discharges him. Now in this decision, the court will not adjudicate A an insolvent as against the persons who were parties to the petition but it will declare that A is insolvent. Here the decision does not affect the interest of A in some property but affects his status.

His status changes from that of a solvent to that of an insolvent and this decision shall be binding upon all the persons of the world whether they were party to the insolvency proceeding or not so this is a judgement in rem.

Now, Suppose A sues B in the court of a Munsif alleging that he is the owner of the house situated in George Town, Allahabad, B contends that he is the owner of the house and is in possession. The suit is fought to the end and decided that A is the owner of the house.

When the court Amin goes to the spot to deliver the possession of the house to A, it is found that one C is in occupation of the house. C is not a privy to B that is to say C is not an heir of B nor a transferee from him. He occupies the house in his own right.

Now he cannot be ejected from the house. Another litigation begins between A and C. In this case, A files the judgment of the previous case A v. B and by that tries to show that he is the owner of the house. Now, this judgment will not be binding upon C and by proving that judgment A will not get the house.

He will have to prove his case against C with independent evidence. And in spite of the fact that once the court has decided that A was the owner of the house, if in the present suit, A fails to prove his title against C or if C proves a superior title in the house, the court will dismiss the suit of A, will declare C to be the owner of it and the previous decision that A was the owner of it will not be a bar.

This is so because the decision in this case only decided the interest of A in a particular thing and so it could be binding only upon the party or his privy. This is judgement in personam.

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