Radhe Lal vs Mul Chand - 1924 Supreme(All) 556

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(All) 556

DALAL, MUKERJI
Radhe Lal – Appellant
Versus
Mul Chand – Respondent

JUDGMENT

Mukerji and Dalal, JJ. - The plaintiffs' suit for partition was dismissed by the lower court on the ground that it was barred by the principle of res judicata. It appears that the plaintiffs, excepting one Lallu, subsequently born, had sued on the 8th of September, 1919, for partition. This suit was compromised and both the parties filed a joint petition on the 31st of August, 1920. It was to the effect:

In the above case the parties entered into a compromise at the remonstrance of a few respectable persons. The parties shall bear their own costs. The plaintiffs withdrew their claim. Hence the claim should be struck off.

2. This petition of compromise was verified by all the parties. A decree was passed in accordance with this compromise. The order was:

It is ordered and decreed that according to the compromise this case be struck off. The parties to bear their own costs.

3. The terms of the compromise are not given and the conclusion we draw is that at that particular time the plaintiffs did not desire to press their claim for partition. There was no decision arrived at, that the plaintiffs had no interest in the properties in suit, or that they were not joint holders of the p

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