Supreme Court · 2003 INSC 723 · Decided 16 December 2003

SMT. V. Rajeshwari v. T.C. Saravanabava

Court
Supreme Court of India
Citation
2003 INSC 723 · [2003] SUPP. 6 S.C.R. 927
Case number
CIVIL APPEAL No. 7653/1999
Decided
16 December 2003
Bench
R.C. LAHOTI, ASHOK BHAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

B Res judicata-Plea not taken by raising necessary pleadings at the stage of trial-Plea taken for first time in Second Appeal before High Court-High Court upholding plea and dismissing suit-Held, foundation for plea of res judicata must be laid in pleadings and should be C substantiated by stage of trial should not be permitted to be raised for first time at the stage of appeal-in the facts held, there is no res judicata. Adverse possession-Plea taken by defendant in suit for declaration D of title and possession-Person taking plea already filing suit for partition in respect of

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