Supreme Court · 2016 INSC 388 · Decided 6 May 2016

Satyendra Kumar & ORS. v. Raj Nath Dubey & ORS.

Court
Supreme Court of India
Citation
2016 INSC 388 · [2016] 4 S.C.R. 391
Case number
CIVIL APPEAL No. 4083/2016
Decided
6 May 2016
Bench
DIPAK MISRA, SHIVA KIRTI SINGH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 11; Evidence Act Section 115, 116, 117

Headnote

391 SATYENDRA KUMAR & ORS. A ... v. RAJ NATH DUBEY & ORS. (Civil Appeal Nos. 4083-4084of2016) MAY06, 2016 B [DIPAK MISRA AND SHIVA KIRT! SINGH, JJ.) Res judicata - Applicability of - Previous proceedings - Based on different cause of action and in respect of different subject matter, court is not barred.from trying the subsequent suit which may arise between the same parties - All the issues including those of facts, remain open for adjudication - However, the issues of facts will be barred on the principle of 'estoppel ', more particularly 'issue estoppel' D which flows from

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