A, alleging that he is the adopted son of X, sues B to recover certain property granted to him by X,…
A obtained the decree on the deed, so the adverse finding that he was not the adopted son was not necessary to the decision, and A could not appeal against a decree wholly…
Choose your answer
A, alleging that he is the adopted son of X, sues B to recover certain property granted to him by X, under a deed and forming part of X's estate. The court finds that A is not the adopted son of X, but he is entitled to the property under the deed and a decree is passed for A. The finding that A is not the adopted son of X:
Answer and explanation
Correct answer A
A obtained the decree on the deed, so the adverse finding that he was not the adopted son was not necessary to the decision, and A could not appeal against a decree wholly in his favour merely to remove it. Under section 11 of the Code of Civil Procedure only a matter directly and substantially in issue and necessary to the decision becomes res judicata, so the finding "will not operate as res judicata" in a later suit between A and B on the adoption question.
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