Issues framed...
Mohamed Ali
(Querist) 11 July 2014
This query is : Resolved
Sir. We are sunnihanafi family..in our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter. The 2 daughters filed a declaratory suit against predeceased sons children seeking declaration that only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter... hence we filed a new partition suit for seperate possesion of our 2/3 share in left over properties of our mother which are in joint possession with predeceased sons children.. Question: Whether filing a partition suit after the dismissal of declaratory suit seeking seperate possession of 2/3rd share of 2 daughters amounts to Resjudicata ?
MY ABOVE QUERY WAS REPLIED SATISFACTORILY...
Dear All,
My case NEXT DATE is for ISSUES, First and foremost issue Judge has made is Resjudicata, Do i have to file objection to ISSUE NO.1 OR i have to file application for recasting of issues and deletion of issue no.1, by giving the reason that it is not a resjudicata. In what way i have to object to the Issue no.1..
Thanks and Rgds
Ali
Devajyoti Barman
(Expert) 11 July 2014
Issue is mere framing of bone of contention.. It can not be challenged or no fruit is born out of it.
Dr J C Vashista
(Expert) 12 July 2014
What is the opinion and advise of your counsel (advocate)?
What for you want to obtain a second opinion and advise, when you are already satisfied to the reply of your query?
If still you feel dissatisfied with the perforamance and advise of your advocate change him/her.
Rajendra K Goyal
(Expert) 12 July 2014
Case file need to be referred, take second opinion of another lawyer in case not satisfied with the opinion of your lawyer.
ajay sethi
(Expert) 12 July 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 13 July 2014
Whether filing a partition suit after the dismissal of declaratory suit seeking separate possession of 2/3rd share of 2 daughters amounts to res-judicata ?
The doctrine of res-judicata does not operate to this partition suit.
If the court has framed issue on the basis of res-judicata, during the trial and argument you can establish that the res-judicata will not operate and provide the citations of settled laws to this effect.
