Raman Vs. Sridharan and anr. - Court Judgment
|Judge||Arthur J.H. Collins, Kt., C.J. and ;Best, J.|
|Respondent||Sridharan and anr.|
|Cases Referred||Nobin Chandra Roy v. Magantara Dassya I.L.R.|
civil procedure code - act xiv of 1882, section 43--res judicata--decree against three of four uralars of a devasom--suit to declare the decree binding on the fourth. - 1. the only point for consideration in this appeal is whether the suit is barred by section 43 of the code of civil procedure. we are of opinion that it is not, for the reasons stated in nobin chandra roy v. magantara dassya i.l.r. 10 cal. 924 2. we set aside the decree and remand the appeal for disposal according to law.3. the costs will abide and follow the result.
1. The only point for consideration in this appeal is whether the suit is barred by Section 43 of the Code of Civil Procedure. We are of opinion that it is not, for the reasons stated in Nobin Chandra Roy v. Magantara Dassya I.L.R. 10 Cal. 924
2. We set aside the decree and remand the appeal for disposal according to law.
3. The costs will abide and follow the result.