Supreme Court of India

Iftikhar Ahmed v Syed Meharban Ali

(1974) 2 SCC 151; AIR 1974 SC 74919741 min read
The case in brief30-second read
Facts
In an earlier suit, a question of title between persons who were co-defendants had been decided because it was necessary to decide the plaintiff's claim. The same question arose later between them.
Issue
When the doctrine of res judicata applies between co-defendants.
Held
For res judicata to operate between co-defendants, three conditions must be satisfied: there must be a conflict of interest between the co-defendants, it must be necessary to decide that conflict in order to give the plaintiff the relief claimed, and the question between them must have been finally decided.
Principle
Res judicata applies between co-defendants where there was a conflict of interest, its decision was necessary for the plaintiff's relief, and it was finally decided.
Cite this

Facts

  • In an earlier suit, a question of title between persons who were co-defendants had been decided because it was necessary to decide the plaintiff's claim. The same question arose later between them.

Issue

  1. When the doctrine of res judicata applies between co-defendants.

Held

  • For res judicata to operate between co-defendants, three conditions must be satisfied: there must be a conflict of interest between the co-defendants, it must be necessary to decide that conflict in order to give the plaintiff the relief claimed, and the question between them must have been finally decided.

Cite this

Citation

Iftikhar Ahmed v Syed Meharban Ali (1974) 2 SCC 151; AIR 1974 SC 749

Reported: https://indiankanoon.org/doc/1778916/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.