Applicability of Res Judicata

Querist : Anonymous (Querist) 05 January 2016 This query is : Resolved
Suit for Partition of property decided up to the level of Supreme Court and had attained finality but execution petition was not filed filed which became time barred. What would be the fate, if new suit for partition is filed. Weather doctrine of Res Judicata will be applicable to the partition suit or not. Expert openion required

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R.K Nanda (Expert) 06 January 2016
no reply 2aq.

V R SHROFF (Expert) 06 January 2016
ACADEMIC QUERY !

P. Venu (Expert) 06 January 2016
Why anonymous. Please disclose your identity if you have any real query.

Rajendra K Goyal (Expert) 06 January 2016
No reply to query from anonymous.

alexander (Expert) 06 January 2016
so many Experts have as per the policy of this forum , objected to your Anonymous status, yet you have not taken any action to reveal your locus ,why?

K.S.Srinivas (Expert) 10 January 2016
No reply to anonymous query.

T. Kalaiselvan, Advocate (Expert) 14 January 2016
If there was no partition taken place and due to its bar by limitation, then a fresh suit will be maintainable, no question of res-judicata.

alexander (Expert) 14 January 2016
Res Judicata ( Case Adjudicated) has three fundamental principles:

(a) Nemo Bis Vexari Pro edem et una causa
(Nobody should be vexed for the same cause (of action) twice inter alia NO DOUBLE JEOPARDY Art 20 of the Constitution

(b) Interest republicae est ut sit finis litium. - Interest of the Republic (state) lies in settling cases.

(c) Res judicata debet solipoter. Decision of the Court must be respected.

So long the contesting parties are the same and the issues involved are the same and the same points of law and fact are likely to arise. -- Res Judicata ought to apply

Getting a Decree from the court entitles you to Res judicata status File an application for removing the time barrier constituting the limitation if you have valid reasons Court may grant you an exception under 151 EX DEBITO JUSTIAE or even suggest you a way out.

You may consider your local Advocate

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