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february 1961

Supreme Court of India · 1961-02-21

HARIDAS MONDAL vs ANATH NATH MITTRA.

Citation / case number
SC 1957/60070
Court
Supreme Court of India
Petitioner
HARIDAS MONDAL
Respondent
ANATH NATH MITTRA.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that Section 36 of the Bengal Money-lenders Act, 1940, allows only one suit for reopening transactions, including decrees, and if a borrower fails to seek full relief in that suit, they cannot pursue it in a subsequent suit due to the principles of res judicata and Order 2, Rule 2 of the Code of Civil Procedure, 1908. The Court affirmed the lower court's dismissal of the respondent's second suit as barred by res judicata. However, it was noted that the executing court has a duty to provide full relief under Section 36, regardless of whether the borrower requested it, thus emphasizing the Act's intent to offer comprehensive relief to borrowers.

HARIDAS MONDAL vs ANATH NATH MITTRA. · Niyam