Bombay High Court Allows Second Appeal in Partition Suit — Oral Partition Finding Not Res Judicata as Issue Was Not Tried on Merits. The court held that an issue held to be 'does not survive' in a prior suit does not constitute res judicata under Section 11 CPC, and oral partition must be proved by evidence.
12 Jan 2010The present second appeal arises from a judgment and decree dated 31.12.1990 passed by the Additional District Judge, Bhandara, in Regular Civil Appea...
