Does the ‘Doctrine of res judicata’ apply in case of a decree passed against a minor in a suit? Refer to relevant case-law, if any on the point? 

Question: Does the ‘Doctrine of res judicata’ apply in case of a decree passed against a minor in a suit? Refer to relevant case-law, if any on the point?

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Answer

In the case of Saroja v. Chinnusamy Saroja, (2007) 8 SCC 329 the issue that needs to be decided in that appeal was whether the High Court was justified in holding that the ex parte decree passed in favour of Saroja and her minor children Suganthamani and Ramesh (Saroja being Respondent No.3 in this appeal) would operate as res judicata in the subsequently filed suit at the instance of the appellant against the respondents, and out of which the present appeal arises.

The court held that the ex parte decree passed in the former suit during the pendency of the subsequent suit of the appellant operates as res judicata in the subsequent suit.

Similarly, in the case of Rameshwar Baksh Singh v. Ridh Kuer, (AIR (1925) Oudh 633), the court held that if the minor is properly represented in a suit, he is bound by ‘Doctrine of res judicata’.

In the above-referred case, it was held by the court that if a decree is passed against a minor and the minor has been properly represented in the suit by the next friend, the decree is binding upon him but if he is not properly represented in the suit, he is not bound by the decree and the rule of res judicata will not apply.

Hence, in view of the above decision, it can be said that the doctrine of res judicata would apply in case of a decree passed against a minor in a suit.

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