Whether decision given on any issue will operate as res judicata if finding was given on issue without pleading and evidence?

Secondly, the issue relating to ownership of the present Petitioners over the strip of land was not "directly and substantially in issue" in the earlier suit, because neither there was any pleading, nor the evidence was laid to that effect, specifically to prove the ownership, nor the trial Court has framed any issue to that effect. Only the Appellate Court has framed such issue and gave some finding, and this Court found that such finding cannot be sustained, as the said issue was not before the trial Court for consideration.

IN THE HIGH COURT OF BOMBAY

Writ Petition No. 8909 of 2017

Decided On: 31.01.2018

 Vishal Bhagwan Chandanshive Vs. Sangli Miraj and Ors.

Hon'ble Judges/Coram:

Dr. Shalini Phansalkar Joshi, J.

Citation: 2018 (4) MHLJ 178.
Read full judgment here: click here