Supreme Court · 2005 INSC 531 · Decided 27 October 2005
Ramadhar Shrivas v. Bhagwandas
- Court
- Supreme Court of India
- Citation
- 2005 INSC 531 · [2005] SUPP. 4 S.C.R. 808
- Case number
- CIVIL APPEAL No. 6597/2005
- Decided
- 27 October 2005
- Bench
- R.C. LAHOTI, C.K. THAKKER, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11
Headnote
c Code of Civil Procedure, 1908: Section 11 Explanation IV: Constructive Res Judicata-Matter constructively in issue-A matter 'might and ought' to have been made a ground of defence or attack and parties had an opportunity of controverting the same-Held, to be taken as if the matter has been or defence in one and the same suit. Appellant, after purchase of a house from his vendor, filed suit for dispossessing inter a/ia the respondent who had forcibly taken possession of a portion of the house, claiming the house to be their ancestral property and as such the vendor had no right to
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