Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908: s. 11 and Or. 41 Code of Civil Procedure r. 33 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908:s. 11 and Or. 41, r. 33 - Principle of res judicata - Applicability of- Lands situated in four different villages - Four suits i.e. one suit relating to lands situated in each of the four villages filed under s. 49 of the Act - Said suits viz. suit nos. 97, 98, 99 and 100 decreed by a common judgment - Appeal against judgment in suit no. 98 dismissed - That judgment attained finality - Appeals against the common judgment in suit nos. 99 and 100 allowed - Consequently suit nos. 99 and 100 dismissed - That judgment also attained finality- Whether the judgment in appeals arising from suit nos. 99 and 100 would operate as res judicata in any subsequent proceedings relating to the lands which were the subject matter of suit no. 98 - Held, No - Plaintiffs in all the four suits were common but defendants were not common - Also, the lands were situated in different villages - Hence, decision in appeals relating to suit nos. 99 and 100 did not affect the decision in suit no. 98 which had attained finality- UP Tenancy Act, 1939 - s.49. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2008 INSC 210 |
Petitioner | Brij Narain Singh |
Respondent | Adya Prasad (dead) And Ors. |
SCR | [2008] 2 S.C.R. 1114 |
Judgement Date | 2008-02-18 |
Case Number | 5689 |
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