Har NarayanTewari (D) Th. LR’s. vs. Cantonment Board, Ramgarh Cantonment & Ors. (SC)

Code of Civil Procedure, 1908–Sec. 11–Decree of suit–First Appellate Court set aside the same with the observation that the suit was barred by res-judicata–The earlier suit filed by the Maharani was dismissed simpliciter without adjudication of any right of plaintiff-appellant over the suit land vis-a-vis the defendant-Cantonment Board–Even assuming that there was some inter se conflict between the co-defendants with regard to the suit land, the adjudication of said conflict was not necessary for granting any relief to Maharani who was the plaintiff to the suit–The land settled in favour of the plaintiff-appellant and in favour of the Cantonment Board by the Raja were distinct–Held, instant suit filed by the plaintiff-appellant against the Cantonment Board was not barred by res judicata.