Supreme Court · 2000 INSC 264 · Decided 27 April 2000

Madhvi Amma Bhawani Amma and ORS. v. Kunjikutty Pillai Meenakshi Pillai and ORS.

Court
Supreme Court of India
Citation
2000 INSC 264 · [2000] 3 S.C.R. 752
Case number
CIVIL APPEAL No. 1544/1990
Decided
27 April 2000
Bench
AJAY PRAKASH MISRA, M.B. SHAH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11; Succession Act Section 372, 373, 381an, 387

Headnote

Code of Civil Procedure, 1908-S. 11 Explanation VIII. Principle of Res Judicata-Applicability of-Succession Certificate­ Grant of-Whether operates as res judicata to a suit for partition between the same parties ?-Held, No-mere grant of Succession Certificate cannot be considered to be final recorded on an issue not raised would not operate as res judicata between the same parties in subsequent suit-Thus, High Court erred in apply­ ing the principle of res judicata-Indian Succession Act, 1925-Ss. 372, 373, 381and387. Indian Succession Act, 1925-S. 387-Succession

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