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Dasari Chellamma Vs. M. Chellaya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.756a
AppellantDasari Chellamma
RespondentM. Chellaya
Excerpt:
civil procedure code (act xiv of 1882), section 13 - prior suit dismissed under section 43--subsequent suit on the same cause of action between the same parties--object-matter same--res judicata. - 1. we think the respondent's plea of res judicata must be upheld.2. the former suit o.s. no. 198 of 1903 brought for the same relief on the same cause of action against the defendant was dismissed, it may be erroneously under section 43 of the civil procedure code (act xiv of 1882). the plaintiff cannot sue the defendant again on the same cause of action. the object-matter being the same, the claim is res judicata. the second appeal is dismissed with costs.
Judgment:

1. We think the respondent's plea of res judicata must be upheld.

2. The former suit O.S. No. 198 of 1903 brought for the same relief on the same cause of action against the defendant was dismissed, it may be erroneously under Section 43 of the Civil Procedure Code (Act XIV of 1882). The plaintiff cannot sue the defendant again on the same cause of action. The object-matter being the same, the claim is res judicata. The second appeal is dismissed with costs.


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