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PETITIONER: [IN THE SUPREME COURT OF INDIA (HYDERABAD).]NARHARI AND OTHE
Vs.
RESPONDENT: SHANKAR AND OTHERS.
DATE OF JUDGMENT: 13/10/1950
BENCH: NAIK R.S. BENCH: NAIK R.S. MAHAJAN, MEHR CHAND SIDDIQUI KHALILUZZAMAN J.
CITATION: 1953 AIR 419 1950 SCR 754 CITATOR INFO : D 1962 SC 338 (8) RF 1966 SC1332 (12) RF 1974 SC1320 (7)
ACT: Res judicata--Several appeals arising out of same suit--Appeal disposed of by same judgment--Separate decrees drawn up--Appeal from, one decree only--Maintainability--Res judicata--Limitation Act, 1908, s, 5--Extension of time--Sufficient cause --Conflict of decisions.
HEADNOTE: A instituted a suit for possession of two-thirds share in an estate against B and C who claimed a one-third share each in it. The suit was decreed by the trial court. B and C preferred (1) I.L.R. 25 Mad. 658, 755 separate appeals, These appeals were heard together and disposed of by the same judgment but separate decrees were prepared. A preferred an appeal from one of these decrees in time paying the full court fee and later on, after the period of limitation had expired, preferred an appeal from the other decree also, paying a court fee of Re. 1 only. The High Court held that A should have filed separate appeals within the period of limitation and that, inasmuch as one of the appeals was time-barre...