Supreme Court · 1996 INSC 246 · Decided 14 February 1996

Mukhtiar Ahmed v. SMT. Husan Bano and ORS.

Court
Supreme Court of India
Citation
1996 INSC 246 · [1996] 2 S.C.R. 637
Case number
CIVIL APPEAL No. 1812/1978
Decided
14 February 1996
Bench
K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 11

Headnote

B Code of Civil procedure, 1908 Section 11-Res Judicata-Suit filed by co-sharer-Finding recorded that he was entitled to 1/5th share in the prope1ty and not 2/Jrd share-Sub- C sequent suit for declaration that he was entitled to 2/Jrd share-Finding in earlier suit operates as res judicata-Hence No. 1812 of D 1978. From the Judgment and Order dated 18.5.78 of the Allahabad High Court in Second Appeal No. 1341 of 1968. R.K. Mehta for the Appellants. Aseem Mehrotra and P.K. Jain for the Respondents. The following Order of the Court was delivered : E The appellant had laid the suit for

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