Supreme Court · 2000 INSC 465 · Decided 27 September 2000
Gram Panchayat of Village Naulakha v. Ujagar Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 465 · [2000] SUPP. 3 S.C.R. 457
- Case number
- CIVIL APPEAL No. 5467/2000
- Decided
- 27 September 2000
- Bench
- M. JAGANNADHA RAO, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 44
Headnote
B Code of Civil Procedure, I 908. S. I I-Plea of res judicata-Defence against-Application u/s. 7 of Punjab Village Common Land (Regulation) Act, 1961 filed by Gram C Panchayat-Respondent relying on an earlier decree for injunction-Plea that earlier decree was obtained by collusion-Accepted by relying on its earlier Full Bench decision*-Held, it is open to statutory authorities to go into collusive nature of suit in proceedings u/s. 7 of the Act-No independent D suit as a condition precedent is necessary-High Court's judgment based on its earlier Full Bench decision, being contrary
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