Supreme Court · 2010 INSC 651 · Decided 27 September 2010

Alka Gupta v. Narender Kumar Gupta

Court
Supreme Court of India
Citation
2010 INSC 651 · [2010] 11 S.C.R. 756
Case number
CIVIL APPEAL No. 8321/2010
Decided
27 September 2010
Bench
R.V. RAVEENDRAN, H.L. GOKHALE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

CODE OF CIVIL PROCEDURE, 1908: c 0. 2, r. 2 - HELD: A suit cannot be dismissed as barred by 0. 2 r.2 in the absence of plea by defendant to that effect and in the absence of an issue thereon - Besides, in the instant case, cause of action for the second suit being completely different from the under 0. 2, r. 2 was not attracted. s.11, Explanations Ill and IV- Res-judicata - Principles explained - Constructive res judicata - HELD: Plea of res judicata must be clearly established, more particularly, where the bar is sought on the basis of constructive res-judicata - E In the instant

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