Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 - s. 11 and Or. 7 r.11 ( d) - Rejection of plaint |
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 - s. 11 and Or. 7 r.11 ( d) -Rejection of plaint - Decree dated 19.9.1998 in favour ofrespondent Nos. 1 and 2 - While pending execution,objection filed by the appellant, claiming to be owner of theproperty - Objection rejected - Thereafter, appellant filingapplication for setting aside the judgment and decree dated19. 9. 1998 and for stay of execution - Dismissed-Appellantfurther filing suit for declaring the judgment/decree dated19.9.1998 and the subsequent sale deed as null and voidwith consequential relief of permanent injunction -Applicationby respondent Nos. 1 and 2 under Or. 7 r. 11 CPC - Trial courtallowed the application-Appeal allowed by appellate court-High Court allowing the revision held that the suit was barredby principle of res judicata - On appeal, held: In the facts ofthe case, the suit is not barred by the principle of res judicata- It is not prima facie discernible from the plaint that it lackedany cause of action or was barred by any law- There shouldhave been trial, with regard to all the issues framed. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 607 |
Petitioner | Vaishaggarwal Panchayat |
Respondent | Inder Kumar And Others |
SCR | [2015] 9 S.C.R. 637 |
Judgement Date | 2015-08-25 |
Case Number | 2089 |
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