Supreme Court · 2001 INSC 227 · Decided 25 April 2001

M/S. International Woolen Mills v. M/S. Standard Wool (U.K.) LTD.

Court: Supreme Court of India
Citation: 2001 INSC 227 · [2001] 3 S.C.R. 166
Case number: CIVIL APPEAL No. 3316/2001
Decided: 25 April 2001
Bench: V.N. KHARE, S.N. VARIAVA (2-judge bench)
Outcome: Case Partly allowed
Case type: Civil
Acts & sections cited: CPC Section 11, 38, 39, 40; Evidence Act Section 114

Headnote

Code of Civil Procedure, 1908: Section 11 explanation IV-Canstructive res-.iudicata-Second C application filed before any decision on the first application-Held, second application cannot be barred by principles of res-judicata or constructive res-judicata. Sections 13(b) and 44-A-Decree-Foreign D judgement and decree passed-'-Does not indicate whether documents were looked into or merits considered-Held, such decree not on merits and cannot be enforced in India-Evidence Act, 1872-Section 114, illustration (e)-Presumption-Sections 101 and 102-Burden of proof Documents and

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