Supreme Court · 2022 INSC 946 · Decided 12 September 2022
Yashoda (Alias Sodhan) v. Sukhwinder Singh and Others
- Court
- Supreme Court of India
- Citation
- 2022 INSC 946 · [2022] 12 S.C.R. 31
- Case number
- CIVIL APPEAL No. 8247/2009
- Decided
- 12 September 2022
- Bench
- BHUSHAN RAMKRISHNA GAVAI, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Suit: Suppression of material fact - Dismissal of the previous suit as withdrawn without liberty and this fact not presented before the Court in a subsequent suit - Effect of - On facts, plaintiff initially filed a suit for declaration against the appellant/defendant which came the plaintiff filed suit for specific performance on the basis of alleged agreement to sell without disclosing the fact of earlier suit - Trial court dismissed the suit on the ground that the past litigation has direct bearing on the merits of the present controversy and the plaintiff
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