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Jasmeetsingh (Law Student)     17 June 2010

Res Judicata

 

Sir/ Madam,
           A divorce case was instituted by my father agaisnt my mother in year 2007, I am handling the case from side of my mother. And has found that the same case is barred by principles of res judicata and have prepared argument for the same as copy of the same is attached,  Kindly guide me
with regards


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 2 Replies

Arup (UNEMPLOYED)     17 June 2010

if the same matter, between the same party, filed again -  which already judicially decided, it is resjudicata.

he can not raise the same matter - which already judicially decided.

you put up the matter here in the following manner:-

1) The questions raised previously -

2) the matter judicialy decided -

3) the questions raised presently -

any how if you sure that the matter alreadly judicially decided, then just pray for resjudicata alongwith the copy of the previous judgement.

 

G. ARAVINTHAN (Legal Consultant / Solicitor)     17 June 2010

If previously a similar case is filed and the issue is decided, then the subsequent case is barred and this is called as Res Judicata


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