Resjudicata

Querist : Anonymous (Querist) 09 November 2011 This query is : Resolved
two suits were filed by plaintiff agaist defendentand issues in both suits were comman.the suits were decreed on merits after trial by comman judgement.two appeal had been filed.one of the appeal was dismised as barred by limitation.what is the effect of this dismissal on other appeal.pls explain me whether resjudicata is applied in this case.

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ajay sethi (Expert) 09 November 2011
if issue in subseqent suit is same how was the second suit maintanable .?

you ahve stated that first appeal was dismissed on grounds that it is barred by limitation

if facts of both cases are same dismissal of second appeal would follow as barred by limitation .

consult a local lawyer . we do not know the facts of your case and opinion is being given on basis of facts stated by you

M.Sheik Mohammed Ali (Expert) 09 November 2011
yes, i do agreed expert query reply

Raj Kumar Makkad (Expert) 09 November 2011
Sethi! We have not to raise question about clubbing of suits rather have to restrict only up to the point of res-judicata on second appeal.

Second appeal arising out of same decree cannot be filed by same party and definitely it is liable to be dismissed.

kuldeep kumar (Expert) 09 November 2011
simple answer for simple query second appeal shall not be entertained becoz first appeal is though dismissed had the status of being decided on merit.

prabhakar singh (Expert) 09 November 2011
YOUR QUERY IS A BIT DECEPTIVE AND YOU ARE TRYING TO FISH EXPERTS WHICH IS NOT THAT EASY AS YOU THINK.

TWO SUITS ARE CONSOLIDATED WHERE PLAINTIFF OF
ONE SUIT IS DEFENDANT IN OTHER SUIT AND Vice-versa .

Then it is the urgency for you to tell whose appeal was time barred ??????

Guest (Expert) 09 November 2011
it has the same effect as in the suit for the person who succeeded. and who not succeeded

prabhakar singh (Expert) 10 November 2011
BUT THE QUESTION IS THAT THE APPEAL WELL WITH IN TIME CAN BE ALLOWED OR EVEN MAY NOT BE ALLOWED! THE FACT THAT ONE APPEAL GONE TIME BARED DOES NOT OPEN THE DOOR FOR OTHER APPEAL
GO ALLOWED AUTOMATICALLY;BECAUSE BOTH SUIT CAN BE DISMISSED OR ANY OF THE TWO CAN BE DECREED.

AND THERE WOULD BE TWO APPEALS IN EACH OF THESE TWO CONDITIONS.

HENCE EITHER BOTH SUITS WERE DISMISSED OR ONE DECREED AND ONE DISMISSED .

IF BOTH WERE DISMISSED BOTH WILL FILE APPEAL.

BUT IF ONE WAS DISMISSED ONE DECREED STILL
THERE WILL BE TWO APPEALS.

IT IS HERE THE AUTHOR IS PLAYING SMART.

WERE THE TWO APPEALS BY SAME PARTY OR BY TWO DIFFERENT PARTIES IS KEPT IN DARK BY THE AUTHORS.

Querist : Anonymous (Querist) 10 November 2011
both suits were filed by same plaintiff and judgement passed is comman.offcourse decreed means not passed in plaintiffs favor that is why he is going in appeal.now my only question is what is scope of appeal in comman judgement delivered in 2 suits tried together.thanx

Querist : Anonymous (Querist) 10 November 2011
appeal dismissed on ground of limitaion comes under suit heard n decided on merit.

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