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
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)