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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