Kaithavalappil Thamasikkum Ramani vs Malathi Alias Ammu on 7 June, 2001
26. If that be so, the appeal should fail, not only for the lack of
merits, but also for the fact that the claim of contesting defendants is
barred by res judicata. It has been held by this Court in Mathew v. Rajan
(2016 (1) KLJ 526) that unless the decree in a counter claim was
challenged, it will operate as res judicata. The contention of the contesting
defendants that the court below did not draft proper decree rejecting the
counter claim is no answer to application of the rule of res judicata, as the
aggrieved parties should have approached the court below for correcting
the decree. We are of the view that after the expiry of more than 14 years,
the contesting defendants cannot be heard to say that they should be
AS No.590/2001 23
allowed to amend the appeal memorandum and adjudicate the matter
afresh.