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1 - 3 of 3 (0.17 seconds)Article 226 in Constitution of India [Constitution]
State Of Punjab vs Bua Das Kaushal on 13 October, 1970
In the State of Punjab v. Bua Das Kaushal in Special Leave Petn. No. 2203 of 1969 Civil Appeals Nos. 344 of 1966 and 336 of 1969 decided by their Lordships of the Supreme Court on 13-10-1970 = reported in AIR 1971 SC 1676 it has been observed that plea of res iudicata is not waived if the necessary facts were present in the mind of the parties and gone into by the Court. The iudgment at the Puniab High Court was constantly in the mind of the Parties. Muffasil pleadings are not unoften va^ue because they do not correctlv and conciselv put forward] all the pleas. In substancp the plea of res| iudicata was discovered by the learnedj Single Judge in the facts and circumst-i ances of the case. No obiection was taken that it could not be urged. Nor is there: any complaint on this score contained in the memorandum of appeal before us. In the circumstances we cannot spell out any waiver of the Plea of the res iudicata on the Dart of the respondent.
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