Supreme Court of India · 1961-09-05
MST. GULAB BAI vs MANPHOOL BAI
- Citation / case number
- SC 1956/154
- Court
- Supreme Court of India
- Petitioner
- MST. GULAB BAI
- Respondent
- MANPHOOL BAI
- Bench
- GAJENDRAGADKAR, P.B.
Judgment text excerpt
The Supreme Court held that the term 'suit' in Section 11 of the Code of Civil Procedure, 1908 must be construed literally to refer to the entire suit rather than parts or issues within it. The Court affirmed the High Court's decision that the subsequent suit for recovery of rent was not barred by res judicata, as the previous suit was dismissed due to a defect of parties and not on merits. The ruling clarified that the Munsiff's lack of pecuniary jurisdiction and the true construction of the rent note were pivotal in determining the outcome.