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Lovely Nation   19 September 2021

Resjudicata

property sold in 1967 earlier PTCL case was already decided in our favor in high court in 2015 that sale deed is valid PTCL will not attract..now filed fresh suit in 2020 in lower court with another cause of action based on will dated 2008 he has no power ,right or title to execute will as he sold property in 1967.

can i move IA under Resjudicta and order 7 rule 11 on created cause of action which is will as no power as he sold property 1967?
what remedy he his stranger to property?

Any case law citations of apex court


Learning

 1 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     19 September 2021

Hello, According to me both suit are different however you may file application of rejudicata before court if it is adviced by your advocate.
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