Ex party decree
Querist :
Anonymous
(Querist) 11 October 2011
This query is : Resolved
i need leading case on resjudita.it is binding on subsquent suit or appeal.
prabhakar singh
(Expert) 11 October 2011
Arjun Singh -- vs Bachan Singh And Others -- on 30 May, 2008
point considered in the case was:
(i) "Whether in a suit, if one of the issues is decided against the defendant but the suit of the plaintiff is dismissed and no appeal is filed by the defendant to challenge that issue though right to appeal is available, whether finding on the issue decided against the defendant would operate as res-judicata ?" and (ii) "Whether an issue deciding the title of the parties to a property is a substantial issue and shall attract the provisions of Section 11 of the C.P.C., if it is not challenged in appeal by the defendant inspite of the fact that the suit of the plaintiff is dismissed ?".
