Judgement and decree binding

practicing advocate

Learned Members, I have question. Now the daughter has filed a suit for partition and seperate possession against the wife and children of her brother and purchaser of the property. The suit property was an ancestral property, which was sold by the brother of the daughter(plaintiff) . this brother was not at all living with the family he was with his father in law. Before this mother of the daughter(plaintiff) had filed a suit against the purchaser but the said suit came to be dismissed and appeal also dismissed. The daughter(plaintiff) was not a party to the suit. In my opinion the judgment and decree passed in the suit filed by mother is not at all binding on the daughter. Am I right? If any citations available please let me know. Thank you

where is the property situated? Did she mention about earlier suit in the plaint?


practicing advocate

Property is situated in her native place in Karnataka.  Plaintiff came to know the dismissal of the suit when defendants produced the certified copy of that suit.




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