Supreme Court · 1995 INSC 627 · Decided 16 October 1995
Deva Ram and ANR. v. Ishwar Chand and ANR.
- Court
- Supreme Court of India
- Citation
- 1995 INSC 627 · [1995] SUPP. 4 S.C.R. 369
- Case number
- CIVIL APPEAL No. 3112/1995
- Decided
- 16 October 1995
- Bench
- KULDIP SINGH, S. SAGHIR AHMAD (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Civil Procedure Code, 1908-0rder 2, Rule 2--Suit to include the whole claim--Unity of all claims based on same cause of action in one suiHf subsequent suit based on a different cause of action-Rule will not operate A B as a bar. C Explanation I to VIII, Section 11----Res judicata-Rule of-. a party in whose favour suit or appeal is ultimately decided-He has no right of D appeal against decree to contest any adverse finding against him-Such adverse finding ca11not operate as res judicata in subsequent suit. The respondent-Plaintiff filed a snit for recovery of a snm of Rs. 6,300 as
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