Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Res Judicata: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Res Judicata: Principle of res judicata - Purpose and scope of - Held: The principle is public policy and preventive as to give finality to the decision of the court of competent jurisdiction and prevent further litigation - The application of the principle by the courts should not be influenced.. by technical considerations of form, but by matter of substance within the limits followed by law - The principle is a wholesome one, which is applicable not merely to matters governed by the provisions of CPC, but to all litigations - Code of Civil Procedure, 1908 - s. 11. Adjudication in respect of property in question in previous cases i.e. in a suit for specific performance and in a Land Grabbing case - Present Land Grabbing case filed thereafter - Maintainability of- Held: Not maintainable being barred by principle of res judicata "- The matter in issue in the present case and previous decided suit and Land Grabbing case is not merely identical but very same - Once the identity of the property and the title thereof is finally F adjudicated, it operates as res judicata |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2017 INSC 335 |
Petitioner | M/s Kaushik Coop. Building Society |
Respondent | N. Parvathamma & Ors. |
SCR | [2017] 4 S.C.R. 442 |
Judgement Date | 2017-04-11 |
Case Number | 5113 |
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