Supreme Court · 2018 INSC 385 · Decided 20 April 2018
Canara Bank v. N. G. Subbaraya Setty & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 385 · [2018] 3 S.C.R. 884
- Case number
- CIVIL APPEAL No. 4233/2018
- Decided
- 20 April 2018
- Bench
- ADARSH KUMAR GOEL, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11
Headnote
Code of Civil Procedure, 1908 - s.11 - Res judicata - General rule and its exceptions - Erroneous decision given on a statutory prohibition in former suit - Statutory prohibition not given effect to - Plea of res judicata in subsequent suit - Held: An the same parties in a subsequent suit or proceeding is not res judicata if, by an erroneous decision given on a statutory prohibition in the former suit or proceeding, the statutory prohibition is not given effect to - On facts, respondent in order to repay dues of the bank, signed
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