Supreme Court of India · 1976-04-15
LONANKUTTY vs THOMMAN & ANOTHER
- Citation / case number
- SC 1973/60441
- Court
- Supreme Court of India
- Petitioner
- LONANKUTTY
- Respondent
- THOMMAN & ANOTHER
- Author
- Y.V. CHANDRACHUD
- Bench
- Y.V. CHANDRACHUD
Judgment text excerpt
The Supreme Court held that the appeals arising from two different suits were subject to res judicata under Section 11, Explanation I of the Civil Procedure Code, as the respondents failed to challenge the District Court's decision regarding their suit. The Court clarified that the remanding judgment of the High Court, which was not appealed against, does not preclude the appellant from contesting its correctness. The Court ultimately allowed the appeal, confirming the application of res judicata and the correctness of the High Court's view.