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april 1976

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.

LONANKUTTY vs THOMMAN & ANOTHER · Niyam