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january 1977

Supreme Court of India · 1977-01-19

NARAYANA PRABHU VENKATESWARA PRABHU vs NARAYAN PRABHU KRISHNA PRABHU & ORS.

Citation / case number
SC 1968/60212
Court
Supreme Court of India
Petitioner
NARAYANA PRABHU VENKATESWARA PRABHU
Respondent
NARAYAN PRABHU KRISHNA PRABHU & ORS.
Bench
BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court held that the appeal was barred by res-judicata under Section 11 of the Code of Civil Procedure, as the appellant did not appeal against the judgment in the money suit. The Court clarified that the jurisdiction of the court where the money suit was initially filed was immaterial since both suits were ultimately tried together in the competent court. The Court distinguished the case from Narhari & Ors. v. Shankar & Ors. and upheld the principle that a final decision in one suit can bar subsequent suits on the same issue.

NARAYANA PRABHU VENKATESWARA PRABHU vs NARAYAN PRABHU KRISHNA PRABHU & ORS. · Niyam