Search Results Page

Search Results

1 - 10 of 18 (0.66 seconds)

Kanhaiya Singh And Ors. vs Bhagwat Singh And Ors. on 15 December, 1953

33 Cal WN 126 = (AIR 1928 Cal 777) (FB) and in the case of Kanhaiya Singh v. Bhagwat Singh, AIR 1954 Pat 326. It was contended on behalf of the landlord that unless a point had been raised and was necessary to be raised, there could not be any question of constructive res iudicata in a proceeding like this and furthermore, in a case where the case had been remanded on merits to be tried, there could not be any question of constructive res iudicata. It was further urged that the application was not maintainable by the provisions of the Act. it was not a question whether the party was entitled to raise a contention or not. The court was debarred from allowing an application if the law did not permit it to do so. In the view I have taken it is not necessary for me to decide this contention. But I am inclined to take this opinion that when this contention could have been raised before the appeal court and this contention not having been raised, which would have defeated an order of remand, in my opinion the landlord is not entitled at this stage to raise this contention.
Patna High Court Cites 10 - Cited by 4 - Full Document
1   2 Next