Lawrence Jenkins, C J
[1] The only point raised on this appeal is whether Mr. Justice Mookerjee came to an erroneous decision when he held that the rule of res judicata applied although the decree in the former suit was ex parte as against the present appellants. A reference to the proceedings in the former suit shows that an issue was raised on the points now called in question and that the issue was heard and finally decided by the Court on the previous occasion, and I can see no ground on which it can be held that the rule of res judicata does not apply. In our opinion, Mr. Justice Mookerjee was perfectly right in the decision at which he arrived, and this appeal must be dismissed with costs.
Doss, J.
[2] I agree.
Hara Chandra Bairagi v. Bepin Behary Das
Hara Chandra Bairagi v. Bepin Behary Das
(High Court Of Judicature At Calcutta)
No. | 28-04-1910
Advocate List
Bench
- HON'BLE CHIEF JUSTICE MR. LAWRENCE JENKINS
- HON'BLE MR. JUSTICE DOSS
Eq Citations
- 6 IND. CAS. 860
- LQ/CalHC/1910/210
Head Note
Civil Procedure Code, 1908 — S. 11 — Res judicata — Ex parte decree — Applicability of res judicata — Held, if an issue was raised on the points now called in question and that issue was heard and finally decided by the Court on the previous occasion, rule of res judicata would apply
