Supreme Court · 2007 INSC 426 · Decided 16 April 2007

Kandapazha Nadar and ORS. v. Chitraganiammal and ORS.

Court
Supreme Court of India
Citation
2007 INSC 426 · [2007] 5 S.C.R. 174
Case number
CIVIL APPEAL No. 5107/2000
Decided
16 April 2007
Bench
ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
Outcome
Case Allowed
Case type
Civil
Acts & sections cited
CPC Section 2(2), 100

Headnote

Code of Civil Procedure, 1908-0. 2 r. 2, 0. 9, r.9.0. 22 r. IO and 0. 23 r. I (4)-Withdrawal of suit-Without liberty to file a fresh suit-Effect c of-On the defence of the party withdrawing, in a subsequent suit-Held: Such withdrawal, without any adjudication, does not constitute a decree, hence respondents herein filed a suit against the defendants-appellants, claiming to be owner of the property in question, which D he had purchased from 'C'. According to the plaintiff the defendants had entered the possession of the property on the strength of a fraudulent conveyance deed. The earlier

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