Supreme Court · 1970 INSC 85 · Decided 2 April 1970
Vallabh Das v. DR. Madan Lal & ORS.
- Court
- Supreme Court of India
- Citation
- 1970 INSC 85 · [1971] 1 S.C.R. 211
- Case number
- CIVIL APPEAL No. 615/1966
- Decided
- 2 April 1970
- Bench
- J.C. SHAH, K.S. HEGDE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
! CoJe of Civil Procedur~ (Act 5 of 1908), 0. 23, R. I-Withdrawal of suit by plaintiff-Court impbsing condition for filing fresh suit on the •ame subject-matter,-Meaning of 'subject-matter. P was the owner of the suit· properties. He had no children. He gifted some of his properties to for• a declaration that he was the adopted son of p and for partition and possession of his share in the family property. The first respondent claimed to have been adopted on July 12, 1943, P denied the said adoption and alleged that in fact he had adopted the appellant on April 10, 1946. In
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