Kuppa Krishna Hegde vs Mhasti Goli Naik on 9 December, 1930
122, and Ram Charan Lal v. Dharam Singh (1923) I.L.R. 46 All. 173, are all cases where precisely similar questions have been considered in second appeal.
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Ram Charan Lal vs Dharam Singh And Anr. on 26 November, 1923
Ram Das Rae And Ors. vs Brindaban Ram on 18 November, 1930
39. Ram Charan Lal v. Dharam Singh A.I.R. 1924 All, 444 was decided by Lindsay and Sulaiman, JJ., on the same lines as the cases of Mahindra Man Singh v. Maharaj Singh A.I.R. 1923 All.
Through:Special Attorney vs Sh. Dharam Singh (Since Deceased) ... on 26 November, 2013
17 Onus to prove this issue was placed upon the
defendants. However, the previous suit titled as Ram Singh
Vs. Dharam Singh and Anr. bearing suit no.299/93 was
compromised and not heard and final decided on merits.
Therefore, the suit cannot be said to be barred by res judicata.
Accordingly, this issue is decided against the defendants.
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