NARHARI AND OTHERS versus SHANKAR AND OTHERS

NARHARI AND OTHERS versus SHANKAR AND OTHERS

As there was only one suit and one judgment, it was not necessary to file two separate appeals, and the fact that one of the appeals was time-barred did not affect the maintainability of the other appeal; res judicata did not arise. The High Court erred in not allowing benefit of section 5 of the Limitation Act as there was conflict of rulings on the issue.

Parties
Appellants: Narhari and Others; Respondents: Shankar and Others
Jurisdiction
India
Judgment Date
13 October 1950
Procedural Posture
Appeal / Appeal to Supreme Court of India Under Article 374(4) of the Constitution
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Res Judicata, Appeals, Limitation, Court Fees
Civil Procedure Res Judicata Appeals Limitation Court Fees

Case Brief

Summary, issues, holding and outcome

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Parties

Narhari and Others

Appellants

Shankar and Others

Respondents

Procedural Posture

Appeal / Appeal to Supreme Court of India Under Article 374(4) of the Constitution

Legal Issues

  1. 1 Whether, when several appeals arising from the same suit are disposed of by a single judgment but separate decrees are drawn up, the maintainability of an appeal from one decree is barred by res judicata if the other appeal is time-barred.
  2. 2 Whether section 5 of the Limitation Act should be applied to condone the delay where there is conflict of judicial decisions.

Ratio Decidendi

As there was only one suit and one judgment, it was not necessary to file two separate appeals, and the fact that one of the appeals was time-barred did not affect the maintainability of the other appeal; res judicata did not arise. The High Court erred in not allowing benefit of section 5 of the Limitation Act as there was conflict of rulings on the issue.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Case remanded to the High Court for decision on the merits.
  • Costs to abide the result of the case.