Supreme Court · 2002 INSC 564 · Decided 19 December 2002
Mahila Bajrangi (Dead) Through LRS. and ORS. v. Badribai W/O Jagannath and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 564 · [2002] SUPP. 5 S.C.R. 557
- Case number
- CIVIL APPEAL No. 4594/1995
- Decided
- 19 December 2002
- Bench
- DORAISWAMY RAJU, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11; Evidence Act Section 32, 33
Headnote
B Code of Civil Procedure, 1908-Section 11 Explanation viii-Principle of res judicata-Operation of-Held, a qecision on direct and substantial issue in a former suit between the same parties which is heard and finally C decided, operates as res judicata and not merely any finding on every incident in revenue court would not operate as res judicata since such proceedings are not j11dicial proceeding and revenue court is not a civil court of concurrent and competent jurisdiction. Evidence Act, 1872: Sections 32 and 33: Nall/re of-Held, the provisions are exceptions to the general
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