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 |
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 - Res judicata - Property dispute - Respondent No.3 filed suit against her husband, 'K', for declaration of title - No appearance caused by'K'-While suit still pending, 'K' sold property to Appellant - Appellant did not implead herself in suit filed by Respondent No.3 - Instead filed suit against Respondent No.3 for declaration of title in respect of same property - Former suit decreed ex-parte in favour of Respondent No.3 during pendency of subsequent suit filed by Appellant - 'K' did not take step to set aside the ex-parte decree which attained finality - Effect of - Held: By virtue of the ex-parte decree passed in the former suit, subsequent suit filed by Appellant is hit by Res judicata, as all six conditions indicated in s.11 for constituting res judicata are duly satisfied.In 1989, Respondent No.3 filed a suit against her husband, 'K', for declaration of title in respect of a property, claiming title in terms of an oral partition made in 1985. No appearance was caused by 'K', although service of notice was effected on him. While the suit was still pending, 'K' sold the property to Appellant in 1990. Appellant did not take any step to implead herself in the suit filed by Respondent No.3 against 'K'. Instead, in 1990 itself, Appellant filed a suit against Respondent No.3, for declaration of title in respect of the very same property claiming absolute ownership and possession. In 1992, the former suit was decreed ex-parte in favour of Respondent No.3 during pendency of the subsequent suit filed by Appellant. 'K' did not take any step to set aside the ex-parte decree. The ex-parte decree passed in the former suit attained finality. In 1993, the subsequent suit filed by Appellant was also decreed. Respondent No.3 filed appeal against the decree in the subsequent suit which was allowed by the First Appellate Court. High Court confirmed the judgment of the First Appellate Court holding that the ex-parte decree passed in favour of Respondent No.3 in the former suit operated as res judicata in the subsequent suit filed by Appellant. Hence the present appeal. |
Judge | Hon'ble Mr. Justice Tarun Chatterjee |
Neutral Citation | 2007 INSC 859 |
Petitioner | Sar Oja |
Respondent | Chinnusamy (dead) By Lrs. And An |
SCR | [2007] 9 S.C.R. 304 |
Judgement Date | 2007-08-24 |
Case Number | 3907 |
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