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Palla Maruthi Vs. Sagiraju Bangarraju and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.889
AppellantPalla Maruthi
RespondentSagiraju Bangarraju and ors.
Excerpt:
civil procedure code (act xiv of 1882), section 13 - resjudicata co-defendants--suit for partition--pleadings--plea of self-acquisition not raised--plea raised in a subsequent suit--bar of plea. - 1. the decision in o.s. no. 182 of 1904 is pleaded as res judicata. the present 1st and 2nd defendants were co-defendants in that suit. a sister of the present 1st defendant then sued for partition on the ground that the property was inherited from her father by herself and her sisters. no question was then raised about the case of self-acquisition now set up by 1st defendant. the dismissal of the former suit cannot prevent the 1st defendant from setting up his present case. we must overrule the plea of res judicata and dismiss the second appeal with costs.
Judgment:

1. The decision in O.S. No. 182 of 1904 is pleaded as res judicata. The present 1st and 2nd defendants were co-defendants in that suit. A sister of the present 1st defendant then sued for partition on the ground that the property was inherited from her father by herself and her sisters. No question was then raised about the case of self-acquisition now set up by 1st defendant. The dismissal of the former suit cannot prevent the 1st defendant from setting up his present case. We must overrule the plea of res judicata and dismiss the second appeal with costs.


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