JOGINDER PAL versus INDIAN RED CROSS SOCIETY AND ORS.

JOGINDER PAL versus INDIAN RED CROSS SOCIETY AND ORS.

Section 387 of Indian Succession Act permits subsequent suit; summary nature of proceedings means findings do not operate as res judicata. Suit for declaration by respondent not barred by principles of res judicata.

Parties
Appellant: Joginder Pal; Respondent No. 1: Indian Red Cross Society; Respondents: Respondent Nos. 2-7
Jurisdiction
India
Judgment Date
29 September 2000
Procedural Posture
Civil Appeal / Appeal Dismissed by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Succession Certificate, Res Judicata, Will, Summary Proceedings
Succession Law Civil Procedure Succession Certificate Res Judicata Will Summary Proceedings

Case Brief

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Parties

Joginder Pal

Appellant

Indian Red Cross Society

Respondent No. 1

Respondent Nos. 2-7

Respondents

Procedural Posture

Civil Appeal / Appeal Dismissed by Supreme Court

Legal Issues

  1. 1 Whether proceedings for grant of succession certificate bar a subsequent suit by principles of res judicata under Explanation VIII to Section 11 CPC
  2. 2 Whether findings in succession certificate proceedings are final

Ratio Decidendi

Section 387 of Indian Succession Act permits subsequent suit; summary nature of proceedings means findings do not operate as res judicata. Suit for declaration by respondent not barred by principles of res judicata.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs.