Supreme Court of India

MAKARDHWAJ RAM versus JAGDISH RAI (DEAD) TH. LRS. & ANR.

2026 INSC 636

Case number
CIVIL APPEAL No. 2950/2011
Judgment date
2026-06-11
Petitioner / appellant
MAKARDHWAJ RAM
Respondent
JAGDISH RAI (DEAD) TH. LRS. & ANR.
Neutral citation
2026 INSC 636
Other citation
[2026] 7 S.C.R. 240
CNR
ESCR010001992026
Bench / judges
SANJAY KAROL, N KOTISWAR SINGH
Author judge
SANJAY KAROL
Bench size
2 Judges
Disposal nature
Appeal(s) allowed
Judgment year
2026

Issue for consideration

Whether the earlier proceedings provided opportunity enough for the plaintiff by being substantially similar, to raise the point of his ownership of the suit properties by virtue of the 1960 sale deed when the main ground urged otherwise was cancellation of sale Court in terms of the impugned judgment erred in dismissing the suit as being barred by constructive res judicata.

Headnote excerpt

Code of Civil Procedure 1908 – s.11 – Principle of constructive res judicata – Inapplicability, when – A portion of the property totalling

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