https://www.taxtmi.com/caselaws?id=196669 A final adjudication on the parties' substantive entitlement to the Gaddi and the right to manage it barred the later suit for possession under res judicata, constructive res judicata, issue estoppel and Order II Rule 2 CPC, because the same controversy had already been directly and substantially decided and the earlier findings had attained finality. The earlier Supreme Court observation that a suit for possession could be filed did not override that final determination, since an incidental observation cannot enlarge substantive rights or nullify the binding effect of the earlier adjudication. The impugned judgment was set aside and the subsequent suit was held not maintainable. en-us Mon, 12 May 2008 00:00:00 +0530 Tue, 02 Jan 2018 15:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196669 A final adjudication on the parties' substantive entitlement to the Gaddi and the right to manage it barred the later suit for possession under res judicata, constructive res judicata, issue estoppel and Order II Rule 2 CPC, because the same controversy had already been directly and substantially decided and the earlier findings had attained finality. The earlier Supreme Court observation that a suit for possession could be filed did not override that final determination, since an incidental observation cannot enlarge substantive rights or nullify the binding effect of the earlier adjudication. The impugned judgment was set aside and the subsequent suit was held not maintainable. Case-Laws Indian Laws Mon, 12 May 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196669