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january 1964

Supreme Court of India · 1964-01-13

SURAJ RATAN THIRANI & ORS. vs THE AZAMABAD TEA CO. & ORS.

Citation / case number
SC 1960/208
Court
Supreme Court of India
Petitioner
SURAJ RATAN THIRANI & ORS.
Respondent
THE AZAMABAD TEA CO. & ORS.
Bench
AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that the suit was barred by Order IX, Rule 9 of the Code of Civil Procedure, as the essential facts for the title and relief were identical in both suits. The Court clarified that the bar does not merely create a personal estoppel against the plaintiff but extends to their assigns and legal representatives. Additionally, the lease granted by the Government in 1928 was held to be in favor of Ismail and other co-sharers, despite Ismail's name being the only one mentioned, thus affirming the High Court's decision on this aspect.

SURAJ RATAN THIRANI & ORS. vs THE AZAMABAD TEA CO. & ORS. · Niyam