Supreme Court of India · 1997-02-03
RAM PRAKASH vs CHARAN KAUR
- Citation / case number
- SC 1997/530
- Court
- Supreme Court of India
- Petitioner
- RAM PRAKASH
- Respondent
- CHARAN KAUR
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court dismissed the special leave petition, affirming the Himachal Pradesh High Court's ruling that the principles of res judicata under Section 11 CPC barred the appeal. The Court held that since both parties had filed connected suits and the petitioner did not appeal the dismissal of his suit, the findings in the respondents' suit became final. Consequently, the petitioner could not challenge the decree in the second appeal as it was based on the same cause of action.