Will this amount to res judicata

Ranganath (Querist) 19 February 2012 This query is : Resolved
Ld counsels,

Wife made certain allegations in OPwhich are denied by husband in his written statement. Based on this denial wife filed an IA for documentary proof to prove the allegation which was denied by husband. Husband was set exparte in the IA. The relief for production of document was granted.

Will this ex parte order in IA operate as rej judicata on husband to further deny the allegation made in OP. Please clarify. Thanks.

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Khaleel Ahmed Mohammed (Expert) 19 February 2012
No.
Res judicata is different, if once the court decided the matter between the same parties on same subject matter again the court can not adjudicate the matter between same parties on same subject matter.

Rajeev Kumar (Expert) 19 February 2012
Yes agree with Kheel ahemad

Shonee Kapoor (Expert) 24 February 2012
one word answer : NO

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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