High Court of Judicature at Bombay Allows Appeal in Civil Suit Dismissal Based on Unpleaded Res Judicata. The appellate court held that a plea of res judicata must be specifically pleaded and an issue framed, and that the trial court erred in framing an additional issue at final judgment without affording parties an opportunity to address it under Section 11 and Order XIV Rule 5 of the Code of Civil Procedure, 1908.
4 Jul 2025The appeal arose from the dismissal of Suit No. 1165 of 1996 by a learned Single Judge of the Bombay High Court. The appellant, M/s. Unique Integrated...
