Supreme Court · 1993 INSC 15 · Decided 13 January 1993
Rameshwar Dayal v. Banda (Dead) Through His LRS. and ANR.
- Court
- Supreme Court of India
- Citation
- 1993 INSC 15 · [1993] 1 S.C.R. 198
- Case number
- CIVIL APPEAL No. 140/1993
- Decided
- 13 January 1993
- Bench
- P.B. SAWANT, G.N. RAY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 2(9)
Headnote
Res Judicata-Suit on basis of title by sub-tenant for nullity of eviction decree and injunction from dispossession-Decision binding inter. par­ ties-Held, to operate as res judicata, the first finding must be on issue which C was directly and substantially, and not incidentally, in issue in operate as res judicata--{!uestion of jurisdiction of Small Causes Court to decide issue of title to property merely academic--Provincial Small Causes Court Act, S.23. D Code of Civil Procedure, 1908-S.2(9), (2), (14), Order XX Rules 4(1) and (5), Order XIV Rules 1 and 3-l'rovincial Small Causes
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