In Govindammal vs. Vaidiyanathan, the father of the plaintiff and father of defendant were co-defendants in an earlier suit and had pleaded or given evidence to the effect that the entire property was purchased by the father of the defendant by way of court auction. In the suit filed by the plaintiff, the issue of res judicata was raised. The suit was finally decreed by the high court rejecting the res judicata argument.
In this context, the Supreme Court observed that since the question of inter se title between the defendant’s father and the plaintiffs’ father was not in issue and was also not required to be decided in the disputes then raised, obviously, the doctrine of res judicata cannot be applied between such co-defendants.
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