BRIJ NARAIN SINGH versus ADYA PRASAD (DEAD) AND ORS.

BRIJ NARAIN SINGH versus ADYA PRASAD (DEAD) AND ORS.

As the four suits involved different defendants and related to properties in different villages, the judgment in appeals relating to suit nos. 99 and 100 does not affect or operate as res judicata for suit no. 98, which had attained finality; Order 41 Rule 33 CPC does not apply across different suits.

Parties
Appellant: Brij Narain Singh; Respondents: Adya Prasad (Dead) and Ors.
Jurisdiction
India
Judgment Date
18 February 2008
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Code of Civil Procedure, 1908 S.11, Order 41 Rule 33 CPC, U.p. Tenancy Act, 1939 S.49
Civil Procedure Res Judicata Code of Civil Procedure, 1908 S.11 Order 41 Rule 33 CPC U.p. Tenancy Act, 1939 S.49

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Parties

Brij Narain Singh

Appellant

Adya Prasad (Dead) and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the judgment in appeals arising from suit nos. 99 and 100 operates as res judicata in subsequent proceedings relating to lands which were the subject matter of suit no. 98.

Ratio Decidendi

As the four suits involved different defendants and related to properties in different villages, the judgment in appeals relating to suit nos. 99 and 100 does not affect or operate as res judicata for suit no. 98, which had attained finality; Order 41 Rule 33 CPC does not apply across different suits.

Court Disposition

Appeal dismissed

Orders

  • View of the High Court affirmed; appeal without merit and dismissed; no order as to costs