Res judicata

R. Soupramanien (Querist) 31 August 2011 This query is : Resolved
Sir, I am appearing for defendant in one civil case. I raised the plea of Res Judicata in the written statement. The issues were framed and the case was posted for trial.
At the time cross of P.W.1, I filed an applicaiton stating that the suit was barred under Section 11 of CPC.

But the petition was returned on the ground that the trial was commenced, hence the petition would not lie?
I request you to kindly provide citation towards the above position so as to re-present the above application.

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M/s. Y-not legal services (Expert) 31 August 2011
How you feel that your case fall under res judicate's principle?

prabhakar singh (Expert) 31 August 2011
When you say " I raised the plea of Res Judicata in the written statement. The issues were framed "

why you needed application to move.

Devajyoti Barman (Expert) 31 August 2011
The court is wrong. If you have raised the issue in the first possible opportunity which has happened in your ws then court can not say that it is too late.

M/s. Y-not legal services (Expert) 31 August 2011
Yes. Am agree with experts. Without conclude a preliminary issue, court will not proceed further.. Mr.barman is stated exactly. But you not yet give the facts about your case that how you prays for res judicate

Advocate. Arunagiri (Expert) 31 August 2011
No application is needed. A memo is enough. This is a preliminary issue, only after deciding this the court can proceed further.

The court can consider this point at any stage before passing the final judgement.

Raj Kumar Makkad (Expert) 31 August 2011
I completely agree with Arunagiri.

prabhakar singh (Expert) 04 September 2011
agree with Arunagiri.

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