Supreme Court · 2009 INSC 702 · Decided 5 May 2009

Vishnu Dutt Sharma v. Daya Sapra

Court
Supreme Court of India
Citation
2009 INSC 702 · [2009] 7 S.C.R. 977
Case number
CIVIL APPEAL No. 3238/2009
Decided
5 May 2009
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 9, 12, 11

Headnote

Code of Civil Procedure, 1908- 0. 7, r. 11 (d) - Rejection ' of plaint - Civil suit for recovery of money whereas criminal .+ case alleging dishonour of cheque -Acquittal by criminal court -Application ulo. 7 r. 11(d) on the ground that criminal case c dismissed - Dismissal of, by civil judge as res judicata in civil suit - Set aside by High Court holding tbat principle of res judicata applicable and civil suit by plaintiff was abuse of process of law - Sustainability of - Held: Not sustainable - Principle of. D ~ res judicata not applicable - Judgment of criminal court in ,.

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