representative suit Archives - LAW GNAN

20. A was a trustee of a trust. After A’s death, B wrongfully takes possession of the trust property. C, the son of A files a suit for recovery of possession of the property against B as the legal heir of A in his individual capacity. But C did not succeed. Then C files another suit for recovery of trust property against B in the capacity of the trustee as he was appointed as trustee after the death of A. Whether the second suit is barred by the doctrine of constructive res judicata?

Sunny Shettipalli
July 28, 2025
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Facts of the Case Issues in the Case Principles Associated with It Judgement