Scribd
Upload
1K views

Judgment in Rem & Judgment in Personam

The document discusses the differences between judgments in rem and judgments in personam. A judgment in rem directly or indirectly affects the legal status of an object or thing and is conclusive against everyone. Examples include judgments related to probate, matrimony, and insolvency that confer or remove legal status. A judgment in personam does not affect legal status but only determines the rights of parties involved, and is conclusive only against those parties. Examples are civil judgments. Case law examples provided further explain that judgments in rem signify legal status against all, while judgments in personam only apply to parties involved.

Uploaded by

malikanisarkar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
1K views

Judgment in Rem & Judgment in Personam

The document discusses the differences between judgments in rem and judgments in personam. A judgment in rem directly or indirectly affects the legal status of an object or thing and is conclusive against everyone. Examples include judgments related to probate, matrimony, and insolvency that confer or remove legal status. A judgment in personam does not affect legal status but only determines the rights of parties involved, and is conclusive only against those parties. Examples are civil judgments. Case law examples provided further explain that judgments in rem signify legal status against all, while judgments in personam only apply to parties involved.

Uploaded by

malikanisarkar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

Judgment in Rem & Judgment in Personam | 22 Nov 2023

Introduction

Judgment refers to final adjudication in a suit or a trial. It means the statement given by the
judge on the grounds of decree or order. It can be of two types:

Judgment in Rem
Judgment in Personam

Difference between Judgment in Rem and Personam

Judgment in Rem Judgment in Personam


These are the judgments which directly These are the judgments which do not
or indirectly affect the legal status of any affect the legal status but only determine
object or a thing. the rights of the parties.

It means a judgment which is conclusive It means a judgment which is conclusive


against everyone. only against the parties to the suit.

For e.g., judgments in the matters of


probate, matrimony, insolvency etc. For e.g., all the judgments pronounced in
which confer or take away the legal civil matters are judgments in Personam.
status.

Judgement in Rem

Section 41 of Indian Evidence Act,1872 (IEA) principle of Judgment in Rem.


It deals with the relevancy of certain judgments in probate, jurisdiction etc.
According to this section, a final judgment, order or decree of a competent Court, in the
exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers
upon or takes away from any person any legal character, or which declares any person to
be entitled to any such character, not against any specified person but absolutely, is
conclusive proof of the following:
Legal character which it confers accrued at the time when such judgment, order
or decree was pronounced.
Legal character, which it declares has accrued to that person.
Legal character which it takes away ceased at the time when such judgment, order
or decree was declared to have ceased.
Anything to which it declares any person to be so entitled was the property of that
person at the time from which such judgment, order or decree declares that it had
been or should be his property.

Case Laws to Judgment in Rem and Personam

In M.Murugan v. The Registrar of the Co-Operative Societies and others (2013) the
Madras High Court held that the judgments in rem signified as judgments which are
good against all mankind and judgments in personam signified the judgments which
are good only against the individuals who are parties to them and their privies.
The point adjudicated upon in a judgment in rem is always as to the status of the res
and is conclusive against the world as to that status, whereas in a judgment in
personam, the point whatever it may be, which is adjudicated upon, not being as to
the status of the res is conclusive only between the parties or privies.
In Surinder Kumar and Ors. v. Gyan Chand and Ors. (1957), the Supreme Court held
that probate of the Will operates as a judgment in rem, therefore, the objection that the
parties in any subsequent proceedings were not parties to it, is not sustainable because of
the nature of the judgment.

You might also like