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april 1974

Supreme Court of India · 1974-04-15

SANKARAN GOVINDAN vs LAKSHMI BHARATHI & OTHERS

Citation / case number
SC 1967/258
Court
Supreme Court of India
Petitioner
SANKARAN GOVINDAN
Respondent
LAKSHMI BHARATHI & OTHERS
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that the English High Court's order (ex. 56) regarding the domicile of K did not operate as res judicata due to the absence of fraud in its procurement. The Court emphasized that a foreign judgment obtained through fraud or against the principles of natural justice is not binding under Section 13 CPC. The Court ruled that the succession to the amount specified in Schedule C must be governed by English Law, and the amount should be divided equally between the first and second defendants.

SANKARAN GOVINDAN vs LAKSHMI BHARATHI & OTHERS · Niyam