Pradeep Nandrajog, J.

1. An interesting question of law arises for consideration in the instant petition. It concerns the inherent power which a court of justice must possess to prevent misuse of its procedures in relation to an action initiation whereof may apparently be not inconsistent with the literal application of the law but otherwise would be manifestly unjust and unfair to the defendant amounting to an abuse of the process of law. In turn the question encompasses the scope of the principle of rest judicata: Is Section 11 of the Code of Civil Procedure 1908 exhaustive of the sweep of rest judicata How is the principle of rest judicata impacted by Sections 40 to 43 of the Indian Evidence Act 1872 Do the inherent powers of the court permit it to stifle a suit, cause whereof was an essential part of a prosecution for an offence under Section 138 of the Negotiable Instruments Act 1881 in particular when the suit is sought to be litigated with the same quality and quantity of evidence as formed the basis of the prosecution for the offence under Section 138 of the Negotiable Instruments Act 1881?

2. Explaining rest judicata and its twin effect, George Spencer Bower in hi