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xpressjunction (Site engineer)     04 July 2014

Question on res-judicata in civil suit

Dear All,

Does Res-judicata apply even if the prayer is different than that in the previous civil suit filed before the same City Civil court, even though the averments are the same?

Suit 1 filed in 2010: Civil Suit filed to ‘Not to alienate the property.’
           Parties involved. Estranged wife vs me.

     Order: Suit dismissed in 2013 in my favor as self-earned property allowing me to deal with it in any  manner.
                     Subsequently property settled in mother's name.

Suit 2 filed in 2014: Filed by Estranged wife ‘To make the settlement deed null and void.’

             Parties involved: Estranged wife versus me and my mother with same averments.


Thanks



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     06 July 2014

The doctrine of res-judicata may apply to this suit too, however, this suit will also not be maintainable even if the doctrine of res-judicata does not apply.


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