Prudeta
Prudeta
2026 INSC 343
📌 Paras 3.1-3.12
Parvatewwa instituted a suit in 2002 seeking to declare an adoption deed dated 1961 as void. This suit was dismissed. Subsequently, she filed a second suit in 2007 seeking declaration of ownership and recovery of possession of property, alleging dispossession by the adopted son, Channappa. Channappa contended that the second suit was barred by limitation, res judicata, and Order II Rule 2 CPC. Interlocutory applications filed by Channappa to stay the second suit and question its maintainability were dismissed by the Trial Court. The High Court dismissed Channappa's writ petition against the stay order rejection but did not rule on the Order II Rule 2 application. Both lower courts dismissed the second suit on technical grounds (res judicata
The bench further analyzed the constitutional validity of the impugned provisions and discussed the interpretation of Articles 14 and 21 in light of recent precedents...
Citing the ratio in prior decisions, the court held that the legislative intent was to ensure...
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