Supreme Court · 1981 INSC 190 · Decided 6 November 1981
Gangabai W/O Rambilas Gilda v. Chhabubai W/O Pukharajji Gandhi
- Court
- Supreme Court of India
- Citation
- 1981 INSC 190 · [1982] 1 S.C.R. 1176
- Case number
- CIVIL APPEAL No. 1537/1970
- Decided
- 6 November 1981
- Bench
- D.A. DESAI, R.S. PATHAK (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11; Evidence Act Section 92
Headnote
c D E F GANGABAI W/O RAMBILAS GILDA v. CHHABUBAI W/O PUKHARAJJI GANDHI November 6, 1981 [D.A. DESAI AND R.S. PATHAK, JJ.J Res judicata, bar of-Question of tille in Small Cause Suit can be regarded as incidental only to the substantial issue in the suit and cannot operate as res judicata-Section respondent entered into an agreement with the appellant for a loan of Rs. 2,000 and it was decided that simultaneously she should execute a nominal document of sale and rent note, of her house situated near Sarafa Bazar in Amravati. These documents were executed on January 7, 1953. The respondent
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