Estoppel By Matter Of Record In Civil Suits In India

Excerpt from Estoppel by Matter of Record in Civil Suits in India The doctrine of estoppel has been so fully dealt with by the learned author of the note upon the Duchess of Kingston's case, 2 Smith's L. C., and by the successive editors of that work, that further comment may seem to be superfluous, even as regards its operation in India, especially because it has now been clearly held that there is nothing technical or peculiar to the rule of res judicata as adopted by the Indian Legislature. But this was not always thought to be the case. The Bengal Regulation III of 1793, sec. 16, was imperfect in so far as it omitted to qualify the rule by the necessary limitation that the decision to be binding must have been between the same parties or between parties under whom the litigants claim. The section runs as follows: - 'The Zillah and City Courts are prohibited from entertaining any cause which, from the production of a former decree or the records of the Court, shall appear to have been heard and determined by any former Judge or any Superintendent of a Court having competent jurisdiction.' About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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