Skip to content


Zamindar Garu of Venkatagiri Vs. Vadlapudi Chinna Venkanna and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.925
AppellantZamindar Garu of Venkatagiri
RespondentVadlapudi Chinna Venkanna and ors.
Cases ReferredMuhammad Ismail v. Chattar Singh
Excerpt:
pleadings - res judicata--plea not taken in lower court--whether can be taken up in high court in revision. - arnold white, c.j.1. the munsif does not appear to have considered the effect of the judgment in the (original suit exhibit b). it is true the plaintiff did not set up the case in the court below that his claim was res judicata and he does not take the point in his grounds for revision to this court. but he is not thereby precluded from raising the point here muhammad ismail v. chattar singh 4 a. 69. i set aside the decrees of the munsif and remand the cases to be disposed of after consideration of the effect of the judgment referred to. the petitioners must pay the costs of the petitions to this court in any event. the other costs will be dealt with by the munsif.
Judgment:

Arnold White, C.J.

1. The Munsif does not appear to have considered the effect of the judgment in the (Original Suit Exhibit B). It is true the plaintiff did not set up the case in the Court below that his claim was res judicata and he does not take the point in his grounds for revision to this Court. But he is not thereby precluded from raising the point here Muhammad Ismail v. Chattar Singh 4 A. 69. I set aside the decrees of the Munsif and remand the cases to be disposed of after consideration of the effect of the judgment referred to. The petitioners must pay the costs of the petitions to this Court in any event. The other costs will be dealt with by the Munsif.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //