Res judicate

Advocate Sheetal (Querist) 30 January 2014 This query is : Resolved
if the suit is dismissed for default & again one of the Plaintiff filed new suit on same cause of action, than doctrine of res adjudicate is applicable or not

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ajay sethi (Expert) 30 January 2014
plaintiff can take out application for setting aside dismissal of suit for default . court may allow it on payment of costs . no need to file fresh suit

Rajendra K Goyal (Expert) 30 January 2014
No fresh suit need to be filed, prey for setting aside the dismissal for default case.

SHIRISH PAWAR, 7738990900 (Expert) 30 January 2014
Fresh suit is not necessary you have to file application for setting aside dismissal for default order.

Devajyoti Barman (Expert) 30 January 2014
Res judicata does not apply of the suit is dismissed for default.
However bar of Order 9 rule 9 of CPC applies.