38 rule 5 in pronote

can i fine a fresh suit for recovery on the basis of pronote of 6,00,000/- alongwith application 38 rule 5 . kindly suggest with judgement

TGK REDDI 17 October 2018

A fresh Suit is not barred if your earlier Plaint was rejected but not dismissed and if you convince the Court. Res juducata is not involved.

So far attachment before judgment is related, it's purely at the discretion of the Court.

TGK REDDI 17 October 2018

For Res juducata read Res judicata.

G.L.N. Prasad (Retired employee.) 17 October 2018

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