K. RAJAMOULI versus A.V.K.N. SWAMY

K. RAJAMOULI versus A.V.K.N. SWAMY

The dismissal of a special leave petition against the main judgment does not constitute res judicata for a subsequent SLP against review petition order when the review was filed before the SLP, and omission to grant pendente lite interest in the decree is not an accidental error or mistake correctable under Section 152 CPC.

Parties
Appellant: K. Rajamouli; Respondent: A.V.K.N. Swamy
Jurisdiction
India
Judgment Date
03 May 2001
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals allowed; judgment under challenge set aside.
Legal Topics
Section 152 C.p.c. (amendment of Decrees), Review and Res Judicata, Pendente Lite Interest, Arbitration Awards
Civil Procedure Arbitration Interest Section 152 C.p.c. (amendment of Decrees) Review and Res Judicata Pendente Lite Interest Arbitration Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

K. Rajamouli

Appellant

A.V.K.N. Swamy

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether dismissal of Special Leave Petition against main judgment constitutes res judicata when SLP is filed against Review Petition order.
  2. 2 Whether omission to grant pendente lite interest in decree is a correctable error under Section 152 C.P.C.

Ratio Decidendi

The dismissal of a special leave petition against the main judgment does not constitute res judicata for a subsequent SLP against review petition order when the review was filed before the SLP, and omission to grant pendente lite interest in the decree is not an accidental error or mistake correctable under Section 152 CPC.

Court Disposition

Appeals allowed; judgment under challenge set aside.

Orders

  • Judgment of High Court set aside.
  • Civil appeals allowed.