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
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)