Supreme Court of India
Har Narayan Tewari (d) Thr. Lrs. v. Cantonment Board, Ramgarh Cantonment & Ors.
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What the Court ordered
In view of the aforesaid overwhelming unconfronted evidence, the First Appellate Court manifestly erred in reversing the finding of the court of first instance that the plaintiff-appellant is in settled possession of the suit land and he has successfully proved his ownership rights over the same.
Judgment, page 12
From the headnote
Issue for Consideration Whether the present suit (claiming title and possession over the suit land) as filed by the plaintiff-appellant was barred under Section 11 CPC on principle of res judicata inasmuch as there was no adjudication of the rights of the co-defendants (including appellant) in the previous suit with regard to the suit land and the issue therein was not directly or indirectly and substantially the same as in the present suit. Headnotes† Code of Civil Procedure, 1908 – s.11 – Res judicata – Rights of co-defendants – The title suit no.9/89 of the plaintiff- appellant was decreed
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