Resjudicata or not
kashif
(Querist) 18 October 2012
This query is : Resolved
Some Mr X filed a suit in a civil court against Mr A, Mr B, MR C, Mr D, Mr E and Mr F . Among the respondants only Mr E fought the case and Mr A,B,C,D and F never turned to the court. The final judgement was in favour of Mr E. If Mr X again files a suite of the same nature, this time only against Mr A, then does the principle of resjudicata apply to the case ? It is established that if that case be filed against MR E , it certainly will be resjudicata.
Advocate Bhartesh goyal
(Expert) 18 October 2012
11. Res judicata.
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I- The expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Mr x suit against A is barred by principles of res judicata.
shivam......
(Expert) 20 October 2012
in case issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title only then Res judicata will attact
Guest
(Expert) 21 October 2012
I think there is some misconception in your case. Once A, B, C, D & F were set exparte in the suit, and the Court proceeded only with you and E and decided in favour of E as far as E is concerned, which means A to D & F had already lost their case or defence in the case. The suit has been decreed in favour of X only, so X is the ultimate winner in this case as far as A to D & F are concerned. I don't understand why X plans to file another suit against A to D? He can very well file Execution Petition (E.P) against A to D & F, if there is any actionable claim decreed against A to D & F.
Arun Kumar Bhagat
(Expert) 13 November 2012
If Mr X again files a suite of the same nature, this time only against Mr A, then does the principle of resjudicata apply to the case ?
Ans: Yes, resjudicata will apply as he was impleaded in previous suit and ex-partie suit proceeded.
It is established that if that case be filed against MR E , it certainly will be resjudicata.
Ans:yes.
