resjudicata

Querist : Anonymous (Querist) 30 July 2011 This query is : Resolved
when a matter hasbeen desided by the consumer court and after state commision ,bared by resjudicata if the same cause of action has been taken in civil court.

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prabhakar singh (Expert) 30 July 2011
The civil court inherently lacks jurisdiction over such a matter.

Devajyoti Barman (Expert) 31 July 2011
No, the consumer forum having not been a court its decision would not be counted as res judicata in civil suit.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 July 2011
Still the basic laws of pleadings will prevail that is you can not take contrary position.

M/s. Y-not legal services (Expert) 31 July 2011
Am also eager to this query's resolve. Before consumer disputes redressal forum also cpc provisions are applicable. Then how its can't be exception from resjudicata

prabhakar singh (Expert) 31 July 2011
MR.BARMAN,SHOULD WE UNDERSTAND THAT AFTER Ist INNING IN CONSUMER FORUM,THE 2nd INNING WILL BE PLAYED IN CIVIL COURT.
I AM WORRIED THAT A HAS A CAUSE OVER WHICH BOTH A CIVIL COURT AS WELL AS A CONSUMER FORUM HAS ,SAY, CONCURRENT
JURISDICTION,A CHOOSES TO HAVE REDRESS AGAINST HIS OPPONENT B THROUGH FORUM.B CONTEST THEIR AND LOOSES FINALLY TO A.
AFTER HAVING EXHAUSTED ALL REMEDIES AT FORUM,NOW B SUES
A IN CIVIL COURT CLAIMING THE JUDGEMENT TO BE A WRONG ONE AND NOT BINDING.
CAN A NOT TAKE THE PLEA THAT THE MATTER IS CONCLUSIVELY DECIDED THROUGH FORUM UP TO SUPREME COURT
AND IT CAN NOT BE RE AGITATED NOW.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 July 2011
CPC is not applicable strictly for consumer courts but law natural justice will prevail.

prabhakar singh (Expert) 31 July 2011
MR.JSKN!RES JUDICATA IS A PRINCIPAL EVOLVED MUCH BEFORE CODIFICATION OF CPC. AND THERE IS ALSO A TERM CONSTRUCTIVE RES JUDICATA.IT IS ONLY THAT MUCH THAT TERMS OF SECTION 11 CPC ARE NOT ATTRACTED.

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