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1957 Supreme(Pat) 48

V.RAMASWAMI, RAJ KISHORE PRASAD
Chandi Charan Bandopadhyaya – Appellant
Versus
Nabagopal Sarkhel – Respondent


Judgment

Raj Kishore Prasad, J.

1. This is plaintiffs appeal, from the concurrent decisions of the Courts below dismissing his suit.

2. Three questions of law have been raised by Mr. R. S. Chatterjee, in support of the appeal; all of which turn on the construction of the compromise decree, dated the 6th February, 1928, passed in Title Suit 1 of 1927, brought by Girish Chandra Sarkhel, father of defendants 1 to 4, and, grandfather of defendants 5 to 7, against Kailash Basini; widow of Mahesh Chandra Sarkhel, in respect of the properties, which admittedly belonged to Mahesh, and, to which suit Haripada, the son of the present plaintiff, and, the adopted son of Mahesh, was also a party.

3. The questions of law which, therefore, arise for determination on the present appeal, are:

1. Whether the above, mentioned compromise decree operates as res judicata in the present suit?

2. Whether the plaintiff is estopped from maintaining the present suit in view of the aforesaid decree?; and

3. Whether the adoption of Haripada, who was cousin sisters sons daughters son of Mahesh, was valid in law?

4. As these questions arise out of, and, are based on, the decree passed in Title Suit 1 of 1927, it







































































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