Fresh trial on the basis of documents received under rti


Dear Experts

Please clarify wit case laws that one  can go for Fresh trial (second Litigation) on the basis documets received under RTI act which proves that earlier litigation fraud was played by theopposite party .

 

Second : Court order giving liberty to file fresh suit in the light of para 22 of the judgement of the supreme court in the case of ap papaya vs govt of a.p. (This is related to fraud only ). Accordimng to me  As such now defedent can not take the plea of resjudicata etc 

Please advise.

regards

Rachit aggarwal 

 

 
Reply   
 
Retired employee.

Res judicata is not applicable for fraud.  Fraud vitiates all acts.  This can be challenged in any court lower or higher or in any proceeding or collateral .Defendant's advocate files his objections on res judicata when the issues are to be decided by facts of issue and law, the second suit can be filed as declaration suit.  The details provided in this post is ambiguous and not complete.

What is the first case ?  What issues were formed and what was decided in the earlier case?

What is the present case ?  What reliefs/prayers are made in the second suit?

What specific issue brings res judicata into the picture?

Contact a local advocate as the issue appears complicated and entire proceedings have o be gone through before deciding on the second suit.

If the first suit is of partition and dismissed, and if the second suit is for declaration and cancellation on fraud, it may not be a res judicata.

 
Reply   
 


Advocate

You have disclosed any specific facts regarding the case under discussion.

 
Reply   
 
Lawyer

Information provided by you are insufficient to form and opinion and oblige you qua the documents obtained by you under RTI with its relevancy to on-going case.

Consult your lawyer who is better equipped with relevant information of the case and relevancy of subject documents.

You may have a second (professional) opinion from a local prudent lawyer with full case file and the documents referred hereinabove.

 
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