RAMESH CHANDRA versus SHIV CHARAN DASS AND ORS.

RAMESH CHANDRA versus SHIV CHARAN DASS AND ORS.

Since the finding was not made in proceedings where defendants Nos. 2 and 3 were aggrieved or could challenge it by appeal, and since the observation was unnecessary and not part of the order, it does not operate as res judicata against them.

Parties
Appellant: Ramesh Chandra; Respondent: Shiv Charan Dass; Respondent: Ravindra Kumar; Respondent: Har Charan Dass
Jurisdiction
India
Judgment Date
21 September 1990
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
appeal dismissed
Legal Topics
Res Judicata
Civil Procedure Res Judicata

Case Brief

Summary, issues, holding and outcome

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Parties

Ramesh Chandra

Appellant

Shiv Charan Dass

Respondent

Ravindra Kumar

Respondent

Har Charan Dass

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the finding recorded in appeal in one suit operates as res judicata in a later suit.

Ratio Decidendi

Since the finding was not made in proceedings where defendants Nos. 2 and 3 were aggrieved or could challenge it by appeal, and since the observation was unnecessary and not part of the order, it does not operate as res judicata against them.

Court Disposition

appeal dismissed

Orders

  • There shall be no order as to costs.
  • Appeal dismissed.