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august 2000

Supreme Court of India · 2000-08-02

RAJENDRA KUMAR vs KALYAN (DEAD) BY LRS.

Citation / case number
SC 1990/72403
Court
Supreme Court of India
Petitioner
RAJENDRA KUMAR
Respondent
KALYAN (DEAD) BY LRS.
Author
S.B. MAJUMDER.,,UMESH C. BANERJEE.
Bench
S.B. MAJUMDER.,,UMESH C. BANERJEE.

Judgment text excerpt

The Supreme Court examined the applicability of the doctrine of Res Judicata under Section 11 of the Code of Civil Procedure, particularly in light of the 1976 Amendment. The Court held that the earlier decision in Suit No. 87 of 1929, which decreed against Radhabai, was binding on the plaintiff as he claimed through Mahadeo, Radhabai's husband. Consequently, the appeal was dismissed, affirming the High Court's ruling that the plaintiff's claim was barred by Res Judicata.

RAJENDRA KUMAR vs KALYAN (DEAD) BY LRS. · Niyam