Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Order 2 Rule 2 and Section 11 of CPC Applicability of Res Judicata |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 - Or. 2, r. 2 and s. 11 - Res judicata - Applicability of - Plea of appellant-trust through its trustees that respondents/tenants of the demised property were barred by principle of res judicata from challenging the findings of trial court especially the trust's ownership of the demised property, since the tenants filed only one appeal, i.e. arising from one suit (O.S.6/78), without assailing identical conclusions arrived at by trial court in two other suits (0.S. 5/78 and 7/78) - All the three suits were connected, heard together, and decided by the trial Court by way of a common judgment, but by three separate decrees - Held: Plea of appellants tenable - Pleadings on behalf of the tenant were common in all three suits - Decree, arising from the connected suits and the common judgment, if not assailed, metamorphoses into the character of a "former suit" - Having failed or neglected or concertedly avoided filing appeals against the decrees in O.S. 5/78 and O.S.7/78, the cause of plaintiff tenants was permanently sealed and foreclosed since res judicata applied against them.Res Judicata - Raison d'etre and applicability of - Discussed. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2014 INSC 693 |
Petitioner | Sri Gangai Vinayagar Temple & Anr. |
Respondent | Meenakshi Ammal & Ors. |
SCR | [2014] 12 S.C.R. 845 |
Judgement Date | 2014-10-09 |
Case Number | 4227 |
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