Res-judicate!
Suresh Babu Rai
(Querist) 18 February 2016
This query is : Resolved
Good Morning Sir! Its Res Judicata!!
I have filed a civil suit for perpetual injunction against the sole defendant before the Junior Judge's Court in the year 2010.
The said court pleased to grant ex parte injunction on the day of institution of the plaint along with its application U/O.39, R.1 & 2 of CPC against the sole defendant restraining from interfere in to suit land.
The sole defendant filed her counter affidavit, but did not choose to advance her arguments in the above application U/O. 39, R.1 & 2 of CPC, hence the ex parte orders are still in force and the said application is still pending for enquiry.
As natter stood thus, the sole defendant before the Junior Judge's Court has filed another suit for perpetual injunction against us in the Senior Civil judge's court on 16.01.2016 basing on some false documents and by suppressing the earlier suit pending with the junior civil judge's court. The COurt without pleased to grant ex parte injunction orders against us in the application U/O.39, R.1 and 2 of CPC.
I have filed the copies of earlier suit in the former suit, where the Senior Civil Judge's Court pleased to grant ex parte injunction against us. I have clearly and categorically submitted my counter and the Court pleased to dismiss the application filed U/O. 39, R. 1 & 2 of CPC and vacated the ex parte injunction in our favour
Now the point is! whether the former suit filed by the sole defendant in my earlier suit on the file of Senior Civil Judge's Court by suppressing the materiel facts is hit by Sec.11 of CPC i.e principles of res-judicata or not? What will be next step?
Thanks one and all! Have a great day!!
rajagopal.s
(Expert) 18 February 2016
Hi
to know whether this is really a case for Res Judicata, we need to see the cause of action in your case as well as in the case filed by your opposite party. Unless there is a same cause of action and between the same subject matter and between the same persons, Resjudicata will not apply. So need to see the details in both the plaints.
