Supreme Court · 1996 INSC 201 · Decided 7 February 1996
Osman Umar v. Malal Alibhai Nathu and Ors
- Court
- Supreme Court of India
- Citation
- 1996 INSC 201 · [1996] 2 S.C.R. 255
- Case number
- CIVIL APPEAL No. 419/1978
- Decided
- 7 February 1996
- Bench
- K. RAMASWAMY, B.L. HANSARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
B Doctrine of Res judicata : Suit dismissed for non-prosecution-Subsequent suit based upon a fresh cause of action-Decision in the earlier suit not affected by the sub- C sequent suit proceedings and not to operate as Res judicata. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 419(N) of 1978. Yashank Adhyaru and Vimal Dave for the Appellant. S.K. Dholakia and H.A. Raichura for the Respondents. The Following Order of the Court was delivered : This appeal by special leave arises frot11 the judgment and order of the Division Bench of the Gujarat High Court made on February 12, 1976
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