VidhiSangh

Supreme Court of India · 11/06/2026

MAKARDHWAJ RAM versus JAGDISH RAI (DEAD) TH. LRS. & ANR.

[2026] 7 S.C.R. 240 · 2026 INSC 636

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Summary

The Supreme Court set aside a High Court judgment that had dismissed, as barred by constructive res judicata, a suit for declaration of title and possession decreed by the courts below. The earlier suits, filed while the plaintiff was a minor, only challenged two specific sales by a power-of-attorney holder; the plaintiff had no occasion then to assert title to the remaining land under a 1960 deed, which was undisputed until the defendant sought mutation over the whole property.

Issues

  1. Whether a suit for declaration of title and possession over land under a 1960 deed was barred by constructive res judicata because the plaintiff did not plead that deed in earlier suits challenging two sale deeds executed by a GPA holder.
  2. What principles govern the application of Explanation IV to Section 11 CPC.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment dated 18.09.2009 in Second Appeal No. 617 of 1996 set aside; parties left to take recourse as permissible in law and to bear their own costs.

Judgment PDF: Supreme Court of India, [2026] 7 S.C.R. 240.