Supreme Court · 2016 INSC 317 · Decided 13 April 2016
Rishabh Chand Jain & Another v. Ginesh Chandra Jain
- Court
- Supreme Court of India
- Citation
- 2016 INSC 317 · [2016] 2 S.C.R. 334
- Case number
- CIVIL APPEAL No. 4543/2016
- Decided
- 13 April 2016
- Bench
- KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 2(2), 96, 115
Headnote
Code of Civil Procedure, 1908: ss. 2(2), 96, 115, Order XIV r. I and Order XLI - Dismissal of suit - Without framing of issues - On the ground that th6 suit was barred by Res Judicata and the Jack of cause of action - High Court held that for dismissal of suit framing of issue for rejection of plaint it is not - On appeal, held: The order of trial court though passed without framing of issues, conclusively determined the rights of the parties with regard to one of the matters in controversy i.e. Res Judicata -·Hence, such order is a decree - The order cannot
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