Appeal -- Composite Appeal -- Common Judgment in Two Consolidated Suits by Same Plaintiff -- Composite appeal challenging common judgment maintainable without separate memoranda
(i) Civil Procedure Code, 1908, S.96 -- Composite Appeal -- Common Judgment in Two Consolidated Suits by Same Plaintiff -- A composite appeal challenging a common judgment dismissing two consolidated suits filed by the same plaintiff is maintainable where certified copies of both decrees are filed, court fees for both appeals are paid, and a specific prayer challenging dismissal of both suits is made. Absence of a separate memorandum for each suit is a curable defect of form and not of substance. (ii) Civil Procedure Code, 1908, S.11 -- Composite Appeal -- Res Judicata Not Attracted to Common Judgment -- Res judicata applies to a judgment and not to a decree. Where two suits filed by the same plaintiff are consolidated, tried together on common evidence and disposed of by a single common judgment, two decrees drawn pursuant to that judgment are in substance one, and a composite appeal against the common judgment is not barred by res judicata.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
