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    <title>1895 (12) TMI 1 - HIGH COURT OF CALCUTTA</title>
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    <description>Res judicata bars a later claim only where the earlier adjudication was by a court competent to try the subsequent suit and the same issue was directly and substantially in issue. Here, the earlier rent suit was decided by a court lacking competence to try the present title dispute because of the subject-matter value, and the question of title arose only incidentally rather than directly and substantially. On that basis, the plea of res judicata failed and could not defeat the claim for title and possession.</description>
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    <pubDate>Mon, 09 Dec 1895 00:00:00 +0521</pubDate>
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      <title>1895 (12) TMI 1 - HIGH COURT OF CALCUTTA</title>
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      <description>Res judicata bars a later claim only where the earlier adjudication was by a court competent to try the subsequent suit and the same issue was directly and substantially in issue. Here, the earlier rent suit was decided by a court lacking competence to try the present title dispute because of the subject-matter value, and the question of title arose only incidentally rather than directly and substantially. On that basis, the plea of res judicata failed and could not defeat the claim for title and possession.</description>
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      <pubDate>Mon, 09 Dec 1895 00:00:00 +0521</pubDate>
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