Tejbir Singh v. Smt. Rawel Kaur
Case brief
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HIGH COURT OF DELHI AT NEW DELHI + CS(OS)…
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TEJBIR SINGH ..... Plaintiff
Through: Mr. Ashiesh Kumar, Adv. for applicant.
versus
SMT. RAWEL KAUR ..... Defendant Through CORAM: HON'BLE MR. JUSTICE VALMIKI J. MEHTA O R D E R % 22.01.2016
I.A.No.1016/2016 (U/o 9 Rule 13 CPC) & I.A No. 1017/2016 (U/s 5 of Limitation Act for condoning delay of 4 days in filing the I.A.)
Since the applicant was not a party to the suit resulting in the judgment in CS(OS) No. 1515/2007, the judgment in CS(OS) 1515/2007 will not bind the applicant under the res-judicata principle, and in case applicant has independent claims in the suit property, applicant will have to file appropriate independent proceedings for enforcing his title.
Applications are dismissed as with withdrawn with the aforesaid liberty.
VALMIKI J. MEHTA, J
JANUARY 22, 2016/ ib
2 provisions across 2 enactments
Tejbir Singh
Valmikij Mehta
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
Judgements on the same questions, provisions and authorities, from every court