Supreme Court · 2025 INSC 875 · Decided 14 July 2025
SMT. Arifa & ORS. v. Abhiman Apartment Cooperative Housing Society LTD. & ORS.
- Court
- Supreme Court of India
- Citation
- 2025 INSC 875 · [2025] 7 S.C.R. 1355
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 18180/2025
- Decided
- 14 July 2025
- Bench
- K. VINOD CHANDRAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 11; Limitation Act Section 14
Headnote
Issue arose whether the liberty granted to file a fresh suit by the High Court would enable the party to revive a cause of action and save limitation, so as to enable raking up all grounds earlier raised and rejected by concurrent findings of the first appellate court, affirmed by the High Court in Second Appeal. Code of Civil Procedure, 1908 - s.11, Or.23 r.1 - Limitation Act, 1963 - s.14 - Revival of cause of action - Res judicata - Limitation - Non-joinder of necessary
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