https://www.taxtmi.com/caselaws?id=183887 Earlier declaratory decrees based on a legal interpretation later found inconsistent with the prevailing law do not, by themselves, operate as res judicata in a subsequent possession suit. The text states that res judicata is procedural and does not bind later proceedings where the earlier decision concerned a pure question of law affecting jurisdiction, or where the decree is not lawful under the law then applicable. It also notes that the enlarged absolute ownership under Section 14(1) of the Hindu Succession Act, 1956 displaced the limited estate claimed earlier, so a declaratory decree simplicitor could not sustain possession when its legal foundation conflicted with the prevailing position. en-us Mon, 11 Apr 2005 00:00:00 +0530 Thu, 09 May 2024 12:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183887 Earlier declaratory decrees based on a legal interpretation later found inconsistent with the prevailing law do not, by themselves, operate as res judicata in a subsequent possession suit. The text states that res judicata is procedural and does not bind later proceedings where the earlier decision concerned a pure question of law affecting jurisdiction, or where the decree is not lawful under the law then applicable. It also notes that the enlarged absolute ownership under Section 14(1) of the Hindu Succession Act, 1956 displaced the limited estate claimed earlier, so a declaratory decree simplicitor could not sustain possession when its legal foundation conflicted with the prevailing position. Case-Laws Indian Laws Mon, 11 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183887