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vinoth (n/a)     14 November 2007


A filed suit against B for declaration and injunction B contended that schedule property belong to him and he is in possession suit filed by A was dismissed that he hold no title repect to the schedule property his legal heirs preparad  appeal against the dismissal order and same also was dismissed during the pendency of suit and appeal A has sold the sechdule property to the third parties through his power agent.the power agent also examine as one of the witness of the A in the trial court

             now B has filed a suit for declaration  and injunction against the above third parties whether B can agaitate the issue of resjudicata against the above said third parties who are claming their title through A


 3 Replies

Prakash Yedhula (Lawyer)     14 November 2007

Certainly. The third parties cannot have a better title than A. When A was non-suited for the suit property on the ground of title, then the third parties cannot have any right independent of A.

vinoth (n/a)     21 November 2007

tks for ur reply regarding sec 11 in cpc..but i want if there is any citation regarding it..

Prakash Yedhula (Lawyer)     28 November 2007

See the folowing citations and find whether it is useful to you

[list=1][*]2004 AIR(SC) 508[/*][*]2006 (3) SCJ 433[/*][*]2000 AIR(SC) 1238[/*][/list]

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