Shailesh (Lawyer) 30 August 2011
Hi,
In a civil Judgement Sub Judge Declared Ram not to be the son of Shyam . Ram after executing Registered sale Deed favouring Chitan has filed a civil suit in the court of Munsif to declare the sale deed null and void on the ground of fraud played on hiM by chitan WHETHER THE JUDGEMENT OF SUB JUDGE OPERATES AS RES JUDICATA ON mUNSIF
Thank you!
SHAILAESH
DISHA D. SHAH (lawyer) 30 August 2011
yes
Kiran Kumar (Lawyer) 30 August 2011
if in a suit a Decree for Declaration is passed....and finally confirmed then such a judgment is 'judgment in rem'
i.e. binding upon the entire public.
further, once the matter in the controversy has been finally settled then the principle of Res Judicata will also come into play between the parties.
a civil court finding is binding on other courts also.
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