Justices Vikram Nath, DY Chandrachud and Hima Kohli
Litigation News
[Section 92 CPC suit] All persons interested in trust bound by judgment, barred by res judicata: Supreme Court
The Supreme Court also ruled that a compromise decree in a prior suit would not bar a subsequent suit by res judicata but could bar the same by the application of estoppel by conduct.
The Supreme Court on Thursday held that a suit under Section 92 of the Civil Procedure Code (CPC) is of a representative character and all persons interested in the trust would be bound by the judgement in the suit and barred by the principle of res judicata from instituting a subsequent suit with the same or substantially the same issue (Jamia Masjid vs. K.V. Rudrappa)