Applicability Of Res Judicata Between Co-Defendants
Case: Union of India vs. S. Narasimhulu Naidu (Dead)
Case: Union of India vs. S. Narasimhulu Naidu (Dead)
Coram: Coram: Justices Sanjay Kishan Kaul and Hemant Gupta
Case No: CA 2049 OF 2013
Court Observation: “Though the first suit is between the same parties, but the subject matter is not the same. For res judicata to apply, the matter in the former suit must have been alleged by one party and either denied or admitted, expressly or impliedly by the other. Since the issue in the suit was restricted to 4971.5 sq. 36 yards, the decree would be binding qua to that extent only. The issue cannot be said to be barred by constructive res judicata as per Explanation IV as it applies to the plaintiff in a later suit. The appellants have denied the claim of the plaintiffs in the first suit to the extent that it was the subject matter of that suit alone. Therefore, the decree in the first suit will not operate as res judicata in the subsequent matters”
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