Supreme Court of India · 2007-08-24
Saroja vs Chinnusamy (Dead) By L.Rs And Anr
- Citation / case number
- AIR 2007 SUPREME COURT 3067
- Court
- Supreme Court of India
- Petitioner
- Saroja
- Respondent
- Chinnusamy (Dead) By L.Rs And Anr
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, P.K.Balasubramanyan
Judgment text excerpt
The Supreme Court analyzed the application of res judicata under Section 11 of the Code of Civil Procedure in the context of a civil appeal concerning property rights. The Court held that for a decree to operate as res judicata, it must satisfy specific conditions, including the necessity of two suits, the competency of the court, and the identity of parties and issues. The Court ultimately found that the High Court's dismissal of the appellant's second appeal was justified, affirming the lower court's ruling regarding the ex parte decree's binding effect.