REGENT COMPUTRONICS PVT. LTD.

Ellodimalayil Pocken Appellant

V/S

Koyiloth Moosa Respondents

Referred Judgements :-

KRISHNAPPA V. PERIASWAMI [REFERRED TO]
USHA SINHA V. DINA RAM [REFERRED TO]
VASUDEVA MENON V. K.J.PLANTATION [REFERRED TO]
UNNIKRISHNAN V. KUNHIBEEVI [REFERRED TO]
SETHU KONAR V. RAMASWAMI [REFERRED TO]
ABDUL SAC V.SUNDARA MUDALIAR AND ANOTHER [REFERRED TO]
MAHALINGA PATHAR V. SANTHANAGOPALAKRISHNAN [REFERRED TO]
SETH MANAKCHAND V. CHAUBE MANOHARLAL AND ANOTHER [REFERRED TO]
NSS NARAYANA SARMA VS. GOLDSTONE EXPORTS P LIMITED [REFERRED TO]
RAVINDER KAUR VS. ASHOK KUMAR [REFERRED TO]
FRANCIS VS. JOSEPH SKARIA [REFERRED TO]

JUDGEMENT

(1.) Disputes in these cases revolve around the right of a party to resist execution of the final decree passed in a partition suit by raising claims under Order XXI Rule 97 of the Code of Civil Procedure, 1908 (in short, "the Code") when he was found, after a fulfledged trial, to be an unnecessary party to the suit. He would, therefore, contend that he is not bound by the decree.

(2.) Learned single Judge admitted Ex.S.A.No.14 of 2013 by raising two substantial questions of law. Since the substantial legal questions put forth in Ex.S.A.No.13 of 2013 are identical, it is also admitted and both the appeals are heard together.

(3.) After perusing the entire records and on hearing the learned counsel on both sides, the substantial questions of law re- framed are as follows:

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ELLODIMALAYIL POCKEN Vs. KOYILOTH MOOSA

Referred Judgements :-

JUDGEMENT

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