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xpressjunction (Site engineer)     15 June 2014

Does res judicata apply here

Dear Sir,


2010 - Civil suit filed by my estranged wife in City Civil court against my self earned property purchased before marriage for permanent injunction.

2013- Suit dismissed in my favour that as the owner of self-earned property, I ( respondent ) can deal with it in any manner.

Subsequently I settled the property in my mother's name.

2014- Civil suit filed again by estranged wife against me and my mother in the same City Civil court asking for the settlement deed to be made null and void with the same allegations as in the previous civil suit.

Is res-judicata applicable here?

Can I file an I.A under res judicata in the suit?


Many Thanks



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 June 2014

For injunction suit res judicta wont be applicable.  There is always recurring cause of action.

Dr J C Vashista (Advocate)     16 June 2014

No res-judicata existed. The earlier suit has already been decided.

Even in the present suit the wife cannot challange/ interfer/ claim in your self-acqiured or ancestral property.

What is the settlement deed between your mother and yourself?

Show the document to a local lawyer, seek his/her expert advise, guidence and proceed.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     16 June 2014

 'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of 'res judicata'. The rule of 'res judicata' is based on the conditions of public policy. It envisages that finality should attach to the binding decisions of the court so that the individuals should not be made to face the same litigation twice. 

Advocate Bhartesh goyal (advocate)     16 June 2014

Both Dr J C Vashistha and ramachry are absolutely right.In your case principle of res judicata will be applied.

Biswanath Roy (Advocate)     17 June 2014

In 2013 when the suit filed by your wife was dismissed it was ordered that the Respondent i.e., you can  deal with the property in any manner.  Inspite of that specific order your wife deliberately willfully and with contumacious disregard to that order filed the second suit which tantamount to contempt of court apart from the question of Res-Judicata. You may file a contempt petition against your wife.

T. Kalaiselvan, Advocate (Advocate)     18 June 2014

Literally "a matter judged", res judicata is the principle that a matter may not, generally, be relitigated once it has been judged on the merits.

Res judicata encompasses limits on both the claims and the issues that may be raised in subsequent proceedings:

Issue preclusion (Collateral estoppel): Once an issue of fact has been determined in a proceeding between two parties, the parties may not relitigate that issue even in a proceeding on a different cause of action. (Scenario: P sues D on C. P sues D on C1. Element E, which was determined in the first trial, is common to C and C1. At the second trial, P and D cannot attempt to get a different disposition of E.)

In the light of above, the law of res-judicata operates, you may go ahead.


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