MAKARDHWAJ RAM versus JAGDISH RAI (DEAD) TH. LRS. & ANR.

Case summary from SCR

Issue for Consideration Whether the earlier proceedings provided opportunity enough for the plaintiff by being substantially similar, to raise the point of his ownership of the suit properties by virtue of the 1960 sale deed when the main ground urged otherwise was cancellation of sale Court in terms of the impugned judgment erred in dismissing the suit as being barred by constructive res judicata. Headnotes† Code of Civil Procedure 1908 – s.11 – Principle of constructive res judicata – Inapplicability, when – A portion of the property totalling