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1993 (9) TMI 130 - SC - Indian LawsInterpretation of Explanation VIII to Section 11 of the Code of Civil Procedure, as introduced by the Code of Civil Procedure (Amendment) Act, 1976 Held that:- In this case, when the right and interest of the respondent were questioned in his suit against `K' the validity of the settlement deed and the terms thereof were gone into. The Civil Court found that `K' acquired life-estate under the settlement deed executed by his wife conferring vested remainder in the respondent and on its basis the respondent was declared entitled to an injunction against `K' who was prohibited not only from committing acts of waste, but also from alienating the properties in favour of third parties. The later suit of injunction to which the appellant was a party also binds the appellant. Therefore, even the decree founded on equitable relief in which the issue was directly and substantially in issue and decided, and attained finality would operate as res judicata in a subsequent suit based on title where the same issue directly and substantially arises between the parties. The appellant is a person deriving title from `K' who was a party in the former suit is also hit by the doctrine of lis pendens under Section 52 of the Transfer of Property Act. Accordingly, we hold that the view of the Calcutta High Court is not good law and contra view is upheld. The judgments and decree under Exs. A-2 to A-5 operate as res judicata against the appellant, who derives his title from `K'. The appeal is accordingly dismissed.
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