Res judicata

Querist : Anonymous (Querist) 29 December 2011 This query is : Resolved
Hi all, my question is regarding Res judicata of CPC 10,11. If a family suit is rejected in the district court and that person wants to file another suit on different cause of action in the same court though he indicated that point in previous suit but did not take in pleading,so this point could be his new cause of action in new suit? then does this res judicata bars him to do so.?
Yours answers will be of great help!thanks

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Piyush Vaishnava (Expert) 29 December 2011
no, there is no problem, file your case.

Devajyoti Barman (Expert) 30 December 2011
Matrimonial disputes do have multiple and continuing cause of action.
So res judicate is not going to help you if the spuse files case under subsequent cause of action.

Deepak Nair (Expert) 30 December 2011
Different cause of action. You can definitely file the case.

prabhakar singh (Expert) 30 December 2011
agree with opinions.no resjudicata in given case.

Advocate. Arunagiri (Expert) 30 December 2011
For a new cause of action, new case can be filed.

Shailesh Kumar Shah (Expert) 31 December 2011
No resjudicata applies in new case.

Shonee Kapoor (Expert) 31 December 2011
Agree with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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