xpressjunction (Site engineer) 04 June 2014

Charge against property

Civil suit for Permanent injunction filed by by estranged wife against my self earned property was dismissed by the City civil court after trial and 2.5 years of litigation?

Now after a year she has filed a fresh suit making the same allegations as in the earlier suit, this time asking for a Charge to be created upon the property.

Is it legally tenable?

Should I go thru the same process again for another 2.5 years or is there a way to get the suit dismissed at the preliminary stage itself?

Please advice.

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 04 June 2014

Your case under RES JUDICATA. It means when a matter - whether on a question of fact or a question of law - has been decided between two parties (you & your estranged wife) in one suit or proceeding by the competent court, and the decision is final, either because no appeal was taken to a higher court or because the appeal was dismissed, or no appeal lies, neither party will be allowed in a future suit or proceeding between the same parties to canvasss the matter again.

The Doctrine of Res judicata is based on this:-" Nemo debet lis vexari pro una et eaden causa" It means No man should be vexed twice over for the same cause.

xpressjunction (Site engineer) 04 June 2014

Dear Ramachary Sir,

Thanks a lot for your reply.

The only difference now between the previous and current suit is she has included my Mother (aged 74 years) as well as one of the parties along with me.

Can I still file under RES JUDICATA.

Thanks again