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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)