HARBANS SINGH & ORS. versus SANT HARI SINGH & ORS.

HARBANS SINGH & ORS. versus SANT HARI SINGH & ORS.

Where disputes and issues are common in consolidated suits and one decree is not appealed, the principle of res judicata applies to bar challenge in related suits, especially when appellant claims as part of a committee or group litigating under same title.

Parties
Appellant: Harbans Singh & Ors.; Respondent: Sant Hari Singh & Ors.
Jurisdiction
India
Judgment Date
13 January 2009
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Res Judicata, Management Rights of Religious Institutions
Civil Procedure Res Judicata Management Rights of Religious Institutions

Case Brief

Summary, issues, holding and outcome

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Parties

Harbans Singh & Ors.

Appellant

Sant Hari Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether principles of res judicata bar the challenge to orders when the order in a consolidated suit is not appealed
  2. 2 Applicability of res judicata when appellant was not a direct party in suit

Ratio Decidendi

Where disputes and issues are common in consolidated suits and one decree is not appealed, the principle of res judicata applies to bar challenge in related suits, especially when appellant claims as part of a committee or group litigating under same title.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed accordingly. No costs.