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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