Keshardeo Chamria vs Radha Kissen Chamria And Othersradha ... on 30 October, 1952
There was thus
no occasion for the appellate court to make the observation
when there was neither pleading nor evidence. Therefore,
from either point of view the finding could not operate
against defendants Nos. 2 and 3 as res judicata. Reliance by
the appellant on Keshardeo Chamria v. Radha Kissen Chamria,
[1953] SCR 154, is of no assistance as it only lays down the
binding effect of a decision in a subsequent suit.
For the reasons stated above this appeal fails and is
dismissed. There shall be no order as to costs.