Bad ruling

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
Code of Civil Procedure-Res judicata-In appellant's suit issues were framed by civil court-Civil Court held it had no jurisdiction-Petition filed in revenue court-Held it had no jurisdiction-Appellants again filed suit in civil court-Issue raised and decided in the first suit if operates as res judicata.these are facts of a case.MY QUESTION IS WHETHER RESJUD IS CORRECTLY APPLIED IN WBOVE FACTS.

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Devajyoti Barman (Expert) 17 November 2011
No res judicate does not apply.

Since the earlier suit was rejected on technical ground without delving into the merit of the case, res judicate does not apply.