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august 2007

Supreme Court of India · 2007-08-24

SAROJA vs CHINNUSAMY (DEAD) BY LRS.

Citation / case number
SC 2005/14295
Court
Supreme Court of India
Petitioner
SAROJA
Respondent
CHINNUSAMY (DEAD) BY LRS.
Author
TARUN CHATTERJEE
Bench
P.K.BALASUBRAMANYAN TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court examined 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 res judicata to apply, there must be two suits with the same parties, the same matter in issue, and a competent court must have decided the former suit. The Court found that the High Court erred in affirming the lower courts' decisions, which had dismissed the appellant's suit based on an ex parte decree in a prior case, thus allowing the appeal and reinstating the appellant's claim.

SAROJA vs CHINNUSAMY (DEAD) BY LRS. · Niyam