Supreme Court of India
Madhvi Amma Bhawani Amma and Ors. v. Kunjikutty Pillai Meenakshi Pillai and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid fmdings we set aside the High Court order dated 26th September, 1989 and remand the case to it for deciding afresh on merits, the second appeal, in accordance with law.
Judgment, page 12
From the headnote
Code of Civil Procedure, 1908-S. 11 Explanation VIII. Principle of Res Judicata-Applicability of-Succession Certificate Grant of-Whether operates as res judicata to a suit for partition between the same parties ?-Held, No-mere grant of Succession Certificate cannot be considered to be final decision on an issue between the parties-Findings incidently recorded on an issue not raised would not operate as res judicata between the same parties in subsequent suit-Thus, High Court erred in apply ing the principle of res judicata-Indian Succession Act, 1925-Ss. 372, 373, 381and387. Indian
Authorities it was built on
Where later benches applied it
- 2010 M/s M.R.F. Ltd. Etc. v. Manohar Parrikar and Ors.
- 2018 Andanur Kalamma and Ors. v. Gangamma (dead) by L.rs.
- 2004 Commissioner of Endowments and Ors. v. Vittal Rao and Ors.
- 2000 Joginder Pal v. Indian Red Cross Society and Ors.
Of those, 1 referred to · 3 mentioned
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