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Civil ProcedureSupreme Court of India

Sanjiv Kumar v. Shakuntla Devi

Civil Appeal · 2026 INSC 747Decided 27 Jul 2026
C.A. No.-009725-009725 - 2026 (arising out of SLP(C) No.1052 of 2025)
Justice Sanjay Karol · Justice Augustine George Masih

Background

A decades-old property dispute over a house in Chandigarh, originally between two widows of the same man, reached the High Court in second appeal. During the litigation, two people (Respondent Nos. 3 and 4) bought part of the disputed property from one side while the case was still pending and later sought to be added as parties. Their first attempt to join the main appeal was rejected by the High Court in 2000 on the mistaken belief that the sale violated a court injunction. Years later, after the main appeal was dismissed for non-prosecution and only the cross-objections were revived, the buyers filed a fresh application (under a different procedural rule) to be added to both the restored main appeal and the cross-objections, and the High Court allowed both, also condoning a huge 2109-day delay.

Decision Breakdown

The Supreme Court held that once an impleadment request has been decided on its merits (even if erroneously) and has become final, a party generally cannot re-litigate the identical claim in the main appeal by dressing it up under a different procedural provision, so it set aside the High Court's order reviving the main appeal and adding the buyers to it, since that request was essentially the same one already rejected in 2000. However, because the buyers' earlier request had only been made in the main appeal, not in the separate cross-objections, and their situation had genuinely changed once the original owners abandoned the case, the Court held res judicata did not bar their being added to the cross-objections, so it upheld that part of the High Court's order. The net result was a partial allowance of the appeal: main appeal restoration and impleadment struck down, cross-objections impleadment upheld.

Lesson Learnt

A litigant cannot get a second bite at an issue that courts have already finally decided just by filing under a different procedural rule for the same relief, but if circumstances genuinely change (such as the original party abandoning the case) or the new request concerns a distinct proceeding, res judicata will not automatically block a fresh application.

Sanjiv Kumar v. Shakuntla Devi – Legal Case Shots | LegalAware