SHRI RAMESH CHANDRA vs SRI SHIV CHARAN DASS

The Supreme Court held that findings recorded in an appeal from one suit do not operate as res judicata in a subsequent suit if the parties aggrieved could not challenge the findings. In this case, the High Court's dismissal of the appeal by defendant No. 1 did not allow defendants Nos. 2 and 3 to appeal, thus the findings regarding their status as licensees could not be contested. The Court upheld the High Court's decision, affirming that the earlier findings did not bar the subsequent suit for ejectment against defendants Nos. 2 and 3.