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Durga Prasad Lahiri Chowdhuri Vs. Srimati Sashibala Debi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1912)14BOMLR177
AppellantDurga Prasad Lahiri Chowdhuri
RespondentSrimati Sashibala Debi
DispositionAppeal dismissed
Excerpt:
suit to enforce a document-decision relating to the document in a former suit between the parties-roe, judicata.;where the suit was brought to enforce a document, which was held in a former suit to have no effectual binding power over the estate in question and not to affect it in any way as between the parties; held that the suit was barred by the rule of rest judicata. - macnaghten, j.1. the high court having decided in the former suit that the document in question has no effectual binding power over the estate, and does not affect it in any way as between the parties, that issue must be considered to be decided, and the suit fails.2. that being so, their lordships will humbly advise his majesty to dismiss the appeal, and the appellants must pay the costs.
Judgment:

Macnaghten, J.

1. The High Court having decided in the former suit that the document in question has no effectual binding power over the estate, and does not affect it in any way as between the parties, that issue must be considered to be decided, and the suit fails.

2. That being so, their Lordships will humbly advise His Majesty to dismiss the appeal, and the appellants must pay the costs.


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