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Sundar and anr. Vs. Subedar Ram Dass and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtHimachal Pradesh High Court
Decided On
Case NumberSecond Appeal No. 14 of 1958
Judge
Reported inAIR1961HP18
ActsLimitation Act, 1908 - Schedule - Articles 142 and 144; ;Code of Civil Procedure (CPC) , 1908 - Section 11 - Order 21, Rule 36
AppellantSundar and anr.
RespondentSubedar Ram Dass and anr.
Appellant Advocate Indar Singh, Adv.
Respondent Advocate Hira Lal, Adv. for Respondent No. 1
DispositionAppeal dismissed
Excerpt:
(i) limitation - res judicata - code of civil procedure, 1908 and limitation act, 1908 - whether suit was barred by principle of res judicata and was not triable by civil court - admittedly allegations made in former suit filed by plaintiff-respondent no.1 were different from allegations made in present suit and as such decision given in former suit cannot operate as res judicata - decision in earlier suit filed by plaintiff that suit was triable by revenue court cannot operate as res judicata in present case - jurisdiction of court is primarily to be determined by allegations made in plaint - defendants have been described to be trespassers - suit for possession against trespasser lies in civil court - question answeed against appellant.;(ii) time barred - whether appellant was not.....order20. the appeal fails and is hereby rejected.the cross-objection succeeds in part and in modification of the judgment and decree of the courtbelow the suit is also decreed for recovery of rs.100/- as past mesne profits and it is further ordered that costs in this court and in the courts belowshall be receivable and payable by the contestants inproportion to success and failure.
Judgment:
ORDER

20. The appeal fails and is hereby rejected.The cross-objection succeeds in part and in modification of the judgment and decree of the Courtbelow the suit is also decreed for recovery of Rs.100/- as past mesne profits and it is further ordered that costs in this Court and in the Courts belowshall be receivable and payable by the contestants inproportion to success and failure.


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