Resjudicata

b B Raju (Querist) 27 March 2018 This query is : Resolved
15 years back my brother filed a suit against me. Due to non prosecution of the case the same was dismissed for default. Now after 15 years he filed the same suit with same cause of action and prayer. Can this suit come under resjudicata. Please advise.

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Guest (Expert) 27 March 2018
Better Discuss this with Advocate in detail with all evidences. Normally there is a Time Limit of 12 years in filing a suit in Transfer of Property matters

Vijay Raj Mahajan (Expert) 27 March 2018
No. The principle of res judicata will not apply in this case as the previous suit was not decided on merits but was dismissed on non-appearance of the plaintiff or default. The suit on same cause of action and prayer is admisable.

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Advocate Bhartesh goyal (Expert) 27 March 2018
It is correct that principle of res judicata will not apply in this case as suit was dismissed in default and not decided on merits but after 15 years suit on same cause of action and prayer is time barred and not maintainable.

Ms.Usha Kapoor (Expert) 28 March 2018
AS THE SUIT IS DISMISSED FOR DEFAULT AND NOT ON MERITS RESJUDICATA DOESN'T APPLY. but-although AFTER AFTER 15 YEARS THE FRESH SUIT IS ON THE SAME CAUSE OF ACTION AND PRAYER IS ALLOWED HOWEVER IT IS TIME BARRED.

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