Arunasalam vs Ramanathan – clr volume 1 page 077

The case between Arunasalam and Ramanathan concerns whether the statutory bar of prescription under the Civil Procedure Code applies when such a bar is not disclosed in the plaint, and whether the resulting adverse order in prior execution proceedings precludes all joint plaintiffs or only the one who participated in those proceedings. The court determined that the statutory bar may only be invoked by the court when explicitly disclosed by the plaint, and that a decision in prior execution proceedings is conclusive solely for the party who pursued that claim. This holding underscores the principle that res judicata binds only the party directly concerned and does not extend to co-plaintiffs uninvolved in prior claims. The rulings were based on relevant provisions of the Civil Procedure Cod