Supreme Court of India
Saroja v. Chinnusamy (dead) by Lrs. and Anr.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that by virtue of the ex parte decree passed in the former suit, the subsequent E suit filed by the appellant is hit by res judicata.
Judgment, page 10
From the headnote
Code of Civil Procedure, 1908: c s. l I-Res judicata-Property dispute-Respondent No.3 filed suit against her husband, 'K', for declaration of title-No appearance caused by'K'-While suit still pending, 'K' sold property to Appel/ant-:-Appel/ant dir/ not implead herself in suit filed by Respondent No.3-lnstead filed suit against Respondent No.3 for declaration of title in respect of same property- Former suit decreed ex-parte in favour of Respondent No.3 during pendency of subsequent suit filed by Appel/ant-'K' did not take step to set aside the ex-parte decree which attained finality-Effect
Authorities it was built on
Where later benches applied it
- 2013 Erach Boman Khavar v. Tukaram Shridhar Bhat and Another
- 2016 Satyendra Kumar & Ors. v. Raj Nath Dubey & Ors.
Of those, 1 referred to · 1 mentioned
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