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Res Judicata Applies To Successive Impleadment Applications Under Different CPC Provisions: Supreme Court

SC closed 2026
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What is this case about?

The case involves a civil appeal challenging a High Court order allowing impleadment applications by subsequent purchasers under different CPC provisions, with the core issue being whether res judicata applies to successive impleadment applications.

Who it concerns

Petitioner: Sanjiv Kumar; Respondents: Shakuntala Devi and others; Bench: Augustine George Masih, J.

What the Court ordered

  • The High Court allowed applications for condonation of delay, restoration of the second appeal, and impleadment of Respondent Nos. 3 and 4 as assignees in the main appeal and cross-objections.
  • The Court held that the doctrine of res judicata does not apply to successive impleadment applications under different CPC provisions.
  • The High Court's earlier order dated 19.05.2000 dismissing impleadment under Order I Rule 10 CPC was found to be based on a misconception and not binding for subsequent applications under Order XXII Rule 10 CPC.
Source bodySupreme Court of India — orders & judgments
Reference number
Statusclosed (section: order)
Year2026
Closing date
Documents1

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Documents

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Order 2026-07-28 res-judicata-applies-to-successive-impleadment-applications.pdf
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