Adv. Sagar R. Jadhav (Proprietor) 14 June 2013

Applicability of res judicata

Plainitff has filed suit against the partners of partnership firm for rendition of accounts and dissolution, such suit has been dismissed till supreme court.

Now Plaintiff wants to file suit for the same reason against partnership firm with the firm, so whether Res Judicata will apply or not, beacase earlier suit was against only partners and not against partnership firm, but now this suit will be against partnership firm with partners.

Please expecting your valuable guidence.

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7 Replies

reejas (advocate) 15 June 2013

it cannot be filed if it is for the same cause of action

Adv. Sagar R. Jadhav (Proprietor) 15 June 2013

Yes, Cause of action is the same but earliear suit was filed against the partners not against the partnership firm, we are going to file fresh suit against partnership firm with partners.

So now can we file, if yes can anyone refer relevant citation for the same.

reejas (advocate) 15 June 2013

y dont u check out o7 rule 11 of c.p.c.

Adv. Sagar R. Jadhav (Proprietor) 25 June 2013

yes I have checked it ....... but not proper provision i found....... ok thanks for your valuable guidence.

Advocate Bhartesh goyal (advocate) 03 August 2013

Sec 11 of CPC is very clear.Question/matter of rendition of accounts and dissolution of firm has already been decided in previous suit so now again it can not be decided.merely that previous suit was against partners and present suit is against firm does not give any right It is immaterial that parties in previous suit and in present suit are different matter is that issue /point in both the suit involves is directly or indirectly comman.

11. Res judicata.

No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.

surjit singh (Assistant) 03 August 2013

Mr. Goyal is totally correct, the wording in section 11 CPC suit or isuse "directly and substntially in issue" and the wording between the same parties or between parties under whom they or any of them claim under the same title" is very much clear. You can file your reply basing on the decision of supreme court asking for dismissal of the suit with cost to the defendant.

Adv. Sagar R. Jadhav (Proprietor) 03 August 2013

I totally appreciate with Goyal Sir.

But is there is any judgement by any High Court stating that earliear suit had dismissed due to abatement of the suit but not on merits. So what about merits....???????

Because suit get dismissied because of Decesed parties legal heirs not brought on record on time and for the same suit get abated and suit get dismissed.

So what about prayers........ is that waived??????????