Supreme Court of India

Rishabh Chand Jain & Another v. Ginesh Chandra Jain

Neutral citation
Reported as [2016] 2 S.C.R. 334
Bench Kurian Joseph J.
Decided 13 April 2016

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.

From the headnote

Code of Civil Procedure, 1908: ss. 2(2), 96, 115, Order XIV r. I and Order XLI - Dismissal of suit - Without framing of issues - On the ground that th6 suit was barred by Res Judicata and the Jack of cause of action - High Court held that for dismissal of suit framing of issue is necessary whereas for rejection of plaint it is not - On appeal, held: The order of trial court though passed without framing of issues, conclusively determined the rights of the parties with regard to one of the matters in controversy i.e. Res Judicata -·Hence, such order is a decree - The order cannot cease to be a

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