Supreme Court · 2001 INSC 220 · Decided 20 April 2001
Madhukar and ORS. v. Sangram and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 220 · [2001] 3 S.C.R. 138
- Case number
- CIVIL APPEAL No. 2918/2001
- Decided
- 20 April 2001
- Bench
- A.S. ANAND, R.C. LAHOTI, BRIJESH KUMAR (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC Section 96
Headnote
Code of Civil Procedure, 1908 : Section 96. Appeal-Court of first appeal-Duty and obligations as First Appellate c Court-Duty to deal with all the issues and evidence led by parties. Declarat01y suit-Respondent seeking declaration of joint ownership t'-- along with defendant No.1 ofsuit by trial court-Trial court t= dismissed the suit on two grounds-First, suit barred by limitation-Second, D decision in the earlier suit operated as res .iudicata against defendant No.1 only-Appeal Filed by plaintiffs-High Court setting aside the impugned judgment and decree-High Court did not
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