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Order dismissing a suit on ground of Res Judicata remains valid inspite of irregularities

The Supreme Court in RISHABH CHAND JAIN & ANOTHER VS. GINESH CHANDRA JAINhas held that an order dismissing the suit on the ground of Res Judicata does not cease to be a decree on account of a procedural irregularity of non-framing an issue. Apex Court bench comprising of Justices Kurian Joseph and R.F. Nariman held that, such orders cannot be assailed in Revision, but only by preferring Appeal under section 96 of the Code of Civil Procedure.

Article referred: http://www.livelaw.in/order-dismissing-suit-ground-res-judicata-not-cease-decree-account-procedural-irregularity-non-framing-issue-sc/

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