Supreme Court · 2008 INSC 524 · Decided 24 April 2008

Williams v. Lourdusamy & ANR.

Court
Supreme Court of India
Citation
2008 INSC 524 · [2008] 6 S.C.R. 929
Case number
CIVIL APPEAL No. 2894/2008
Decided
24 April 2008
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11; Transfer of Property Act Section 53A

Headnote

Code of Civil Procedure, 1908 - s. 11 -Res-judicata - Suit for permanent injunction - On the ground that the plaintiff was in possession of suit land by virtue of oral agreement of c sale - Vendor not made party to the suit - Suit decreed - Subsequent suit by judgment debtor for declaration of second appeal holding the subsequent appeal by the judgment debtor barred by res-judicata - Suit for specific performance of contract by D decree holder also dismissed upto High Court - On appeal ... held: Principle of res judicata not attracted to the facts of the present case - Owner of the

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