Supreme Court · 2026 INSC 636 · Decided 11 June 2026

Makardhwaj Ram v. Jagdish Rai (Dead) TH. LRS. & ANR.

Court
Supreme Court of India
Citation
2026 INSC 636 · [2026] 7 S.C.R. 240
Case number
CIVIL APPEAL No. 2950/2011
Decided
11 June 2026
Bench
SANJAY KAROL, N KOTISWAR SINGH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11; Constitution Article 226, 32

Headnote

Whether the earlier proceedings provided opportunity enough for the plaintiff by being substantially similar, to raise the point of his ownership of the suit properties by virtue of the 1960 sale deed when the main ground urged otherwise was cancellation of sale Court in terms of the impugned judgment erred in dismissing the suit as being barred by constructive res judicata. Code of Civil Procedure 1908 - s.11 - Principle of constructive res judicata - Inapplicability, when - A portion of the property totalling

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