Res judicata
sandeep rane
(Querist) 08 April 2016
This query is : Resolved
Sir/Madam,
Fresh suit is yet to be file on same cause of action.
In a earlier civil suit on application to withdrawal of the suit with liberty to file fresh suit on the same cause of action, Defendant took objection of abatement & opposed withdrawal but court did not decide the objection of abatement & allowed the withdrawal of suit with liberty to file fresh suit on the same cause of action.
In this case whether objection of abatement if taken again by Defendant in fresh suit will hit by principle of res judicata by reason of Explanation IV to section 11?
Devajyoti Barman
(Expert) 09 April 2016
The defence is never hit by res judiciata.
Only the question of fact or law finally decided in an earlier suit is hit by the said principle.
So the defendant will be equally at liberty to take plea of res abatement.
