Supreme Court of India
Osman Umar v. Malal Alibhai Nathu and Ors
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What the Court ordered
We hold that the doctrine C of res judicata does not apply to the facts of this case.
Judgment, page 3
From the headnote
Doctrine of Res judicata : Suit dismissed for non-prosecution-Subsequent suit based upon a fresh cause of action-Decision in the earlier suit not affected by the sub- sequent suit proceedings and not to operate as Res judicata. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 419(N) of 1978. From the Judgment and Order dated 12.2.76 of the Gujarat High Court in L.P. . No 67 of 1974. Yashank Adhyaru and Vimal Dave for the Appellant. S.K. Dholakia and . . Raichura for the Respondents. The Following Order of the Court was delivered : This appeal by special leave arises frot11 the judgment and
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