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february 1997

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.

RAM PRAKASH vs CHARAN KAUR · Niyam