SHANTI Vs. BHULLAN

JUDGEMENT

(1.) The only question raised in this appeal is, which of the two judgments inter se the parties operates as res judicata, i.e. the later decision or the earlier one. The question has arisen in view of the following facts :-

(2.) The appellant contends that in view of earlier judgment in Civil Suit No. 123 of 1965 which operates as res judicata and on account of further admissions made by the parties in the said litigation, Shanti was proved to be the daughter of Lahri.

(3.) The counsel for the respondents relies on Dhani Ram and others v. Raghbir Singh and others, 1965 CurLJ 701, wherein a Division Bench of this Court had taken a view that where there are two conflicting decisions on an issue, it is the later decision that operates as res judicata. No contrary view has been cited at Bar. Nothing has been urged to differ with the said proposition of law laid down. It is a Division Bench judgment of this Court.