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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