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Sheoraj Rai Vs. Kashi Nath and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All247
AppellantSheoraj Rai
RespondentKashi Nath and ors.
Excerpt:
civil procedure code, sections 13, 45 - res judicata--matter directly and substantially in issue--meaning of 'suit' in section 13. - - the only issue in that issue was, whether the two bonds sued on had been satisfied. to prove this the defendant adduced evidence showing that all the bonds had been satisfied.w. comer petheram, c.j.1. we are all agreed that the district judge is wrong in holding that there is res judicata as regards the whole of the suit. the difficulty has arisen from a misconception as to what was in issue in the former suit and what was alleged in evidence in that suit. the only issue in that issue was, whether the two bonds sued on had been satisfied. to prove this the defendant adduced evidence showing that all the bonds had been satisfied. the munsif found chat the defendant had not paid anything. but the only question which the munsif had to decide was whether the two bonds sued on in his court had been paid. the answer to the reference should therefore be that the suit, as regards those bonds, is res judicata, but not as regards the other bonds.
Judgment:

W. Comer Petheram, C.J.

1. We are all agreed that the District Judge is wrong in holding that there is res judicata as regards the whole of the suit. The difficulty has arisen from a misconception as to what was in issue in the former suit and what was alleged in evidence in that suit. The only issue in that issue was, whether the two bonds sued on had been satisfied. To prove this the defendant adduced evidence showing that all the bonds had been satisfied. The Munsif found chat the defendant had not paid anything. But the only question which the Munsif had to decide was whether the two bonds sued on in his Court had been paid. The answer to the reference should therefore be that the suit, as regards those bonds, is res judicata, but not as regards the other bonds.


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