Supreme Court of India · 2019-05-10
PRAMOD KUMAR vs ZALAK SINGH .
- Citation / case number
- SC 2012/40417
- Court
- Supreme Court of India
- Petitioner
- PRAMOD KUMAR
- Respondent
- ZALAK SINGH .
- Author
- HON'BLE MR. JUSTICE ASHOK BHUSHAN
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the dismissal of the respondents' suit under Order II Rule 2 of the Code of Civil Procedure, 1908, and constructive res judicata. The Court established that for Order II Rule 2 to apply, the causes of action in both suits must be identical, which was not the case here due to two distinct alienations by Tikaram. The Court upheld the lower courts' findings, thereby dismissing the respondents' appeal and confirming the dismissal of their suit.