Dasari Chellamma Vs. M. Chellaya

Dasari Chellamma vs M. Chellaya

Type Court Judgment Court Chennai Decided Nov 01, 1909

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Citation: sooperkanoon.com/806831
Court: Chennai
Judge: Ralph Benson, Offg. C.J. and ;Krishnaswamy Aiyar, J.
Decided On: Nov 01, 1909
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

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. -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Dasari Chellamma

Respondent

M. Chellaya

Legal References

Reported In: 5Ind.Cas.756a

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.

Full 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.

Same Parties Dasari Chellamma vs M. Chellaya Same Subject Civil Same Judge Ralph Benson, Offg. C.J. and ;Krishnaswamy Aiyar, J.

Civil