Civil Procedure Code, 1908 - Section 11, Explanation IV - Constructive res judicata

Civil Pro­ce­dure Code, 1908 — Sec­tion 11, Expla­na­tion IV — Con­struc­tive res judi­cata — Civil Pro­ce­dure Code, 1908 — Sec­tion 11, Expla­na­tion IV — Con­struc­tive res judi­cata — Suit jointly filed by owner/mortgagor and mort­gagee dis­missed with find­ing that mort­gage was not proved — Set­tle­ment deed exe­cuted in favour of wife and chil­dren in vil­lage pan­chayat, who were in pos­ses­sion — In the for­mer suit respon­dent set up right of own­er­ship on basis of set­tle­ment and relin­quish­ment of suit house — Hus­band had bet­ter right to remain in pos­ses­sion and, if dis­pos­sessed, to claim pos­ses­sion — Plea founded on own­er­ship and mort­gage not raised in for­mer suit — Sub­se­quent suit by appel­lant as pur­chaser from respondent?s hus­band barred by con­struc­tive res judi­cata. To get cita­tion of this judg­ment email link of this post to advppc1@gmail.com

Civil Procedure Code, 1908 - Section 11, Explanation IV - Constructive res judicata