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Salig Ram Vs. Ram Kishen Das - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in15Ind.Cas.51
AppellantSalig Ram
RespondentRam Kishen Das
Excerpt:
res judicata - former application of insolvency dismissed for failure to produce evidence--whether second application for declaration of insolvency is barred. - - his application was dismissed because he failed to produce evidence. the question whether the applicant was or was not insolvent was never tried and the mere fact that in consequence of his failure to adduce evidence his former application was dismissed, is no ground for holding that the present application is barred by the principle of res judicata.in this case salig ram applied to be declared an insolvent. his application was dismissed because he failed to produce evidence. he applied again and that application was dismissed, the court holding that the principle of res judicata barred the application. we find ourselves unable to agree with the court below that the principle of res judicata applies to this case. the question whether the applicant was or was not insolvent was never tried and the mere fact that in consequence of his failure to adduce evidence his former application was dismissed, is no ground for holding that the present application is barred by the principle of res judicata. we, therefore, set aside the order of the court below, and send the case back to it for trial on the merits. costs will abide the result.
Judgment:

In this case Salig Ram applied to be declared an insolvent. His application was dismissed because he failed to produce evidence. He applied again and that application was dismissed, the Court holding that the principle of res judicata barred the application. We find ourselves unable to agree with the Court below that the principle of res judicata applies to this case. The question whether the applicant was or was not insolvent was never tried and the mere fact that in consequence of his failure to adduce evidence his former application was dismissed, is no ground for holding that the present application is barred by the principle of res judicata. We, therefore, set aside the order of the Court below, and send the case back to it for trial on the merits. Costs will abide the result.


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