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REKHA BORANA
Poona Ram – Appellant
Versus
Ghanshyam Kadela – Respondent
| Table of Content |
|---|
| 1. issue concerning res judicata and distinct parties. (Para 1 , 2 , 3) |
| 2. differentiation between the parties and causes of action. (Para 4 , 5 , 6) |
| 3. assessment of previous judicial determinations. (Para 7 , 8 , 9 , 10) |
| 4. application of law to the distinctive circumstances. (Para 11 , 12) |
ORDER :
1. The present revision petition has been filed against the order dated 14.10.2022 passed by the Additional District Judge, No. 5, Jodhpur Metro in Civil Original Suit No. 49/2019 (NCV No. 49/2019) whereby issue No. 8 as framed has been decided.
2. As an averment regarding the suit being barred by res judicata was raised by the defendants vide an application under Order XIV Rule 2 of the Code of Civil Procedure (CPC), the said application was allowed vide order dated 18.10.2021 and in pursuance to the same, learned trial Court proceeded on to decide issue No. 8 as a preliminary issue.
Issue No. 8 read as under:
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Learned Court below decided the said issue against the defendants and held the suit not to be barred by res judicata.
3. Averment of the defendants was that earlier a suit qua the same suit prope
The principle of res judicata applies only when the parties, issues, and cause of action are identical.
The main legal point established in the judgment is the application of res judicata in a suit for declaration, possession, and injunction, and the binding nature of a finding on an issue relating to ....
Dismissal of a suit for a technical or formal defect or for non-compliance with a condition precedent does not constitute a bar to a subsequent suit.
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
(1) Res Judicata – Best method to decide question of res judicata is first to determine case of parties as they are put forward in their respective pleadings of their previous suits, and then to find....
An application for plaint rejection under Order 7 Rule 11 CPC only evaluates the plaint's contents without considering the defendant's defense. Res judicata principles need comprehensive analysis bey....
The principles of res judicata bar a second suit when the cause of action is the same and a previous suit has been adjudicated.
Trial courts must adjudicate all issues in a suit, and failure to do so violates procedural requirements under CPC, necessitating remand.
The court established that a consent decree bars subsequent suits on the same matter, reinforcing the principles of res judicata and the limitations on challenging such decrees under the CPC.
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