Resjudicata

syed sadhathulla khadri (Querist) 05 October 2014 This query is : Resolved
Sir...

suit was filed for perpetual injunction which was dismissed by the lower court. After dismissal the suit, again party filed for declaration of title and recovery of possession in district court wherein the litigant parties are same though claiming that resjudicata is not applicable to the present case because earlier suit filed for perpetual injunction only and the present suit filed for declaration of title and recovery of possession...

is resjudicata not applicable for the present case...?

please clarify sir

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ROHIT SHARMA (Expert) 05 October 2014
1. In so far as the principle of resjudicata will prevail to he extent that in this new suit they will be barred from seeking perpetual injunction and the trial will proceed as per procedural law. You will stand to sustain your locus standi and can contest such new suit.

2. If need be for in depth discussion of the case matter you can get my contact details by clicking on my name shown in the L.H.S. margin of this reply format.

Advocate Bhartesh goyal Online

(Expert) 05 October 2014
No,principle of resjudicata will not apply though the parties between earlier suit and present suit are same but relief claimed in erlier suit and in present suit are all together different.in erlier suit relief of prepetual injunction was sought but in present suit relief for declaration of title and recovery of possession was sought.resjudicata applies where in earlier suit an issue has been decied by court between the same paries and later on again the same issue was raised by another suit.