RE: Res-Judicata
Querist :
Anonymous
(Querist) 05 December 2009
This query is : Resolved
Dear Sir,
If A B & C have jointly filed a suit against D E F respectively. During pendency of suit, only A files another suit (injunction suit) against D E F on the same subject property with alike averments.
Please guide whether principles of Res- Judicata shall apply in this case.
Please also advice wheher section 10 of CPC will apply or not for second suit.
Early reply is solocited.
Thanks
prakash vathore
(Expert) 05 December 2009
resjudicat shall apply, and if judge is not agree in that situation the sec 10 will work and the court has to stop the procedings of the second suit.
joyce
(Expert) 05 December 2009
Section 10 : Resjudicata means, same parties filing case with same subject matter having the same substantial issue in it, then certainly resjudicata operates. if u are confirm about it then submitt for the stay of second suit.
N.K.Assumi
(Expert) 05 December 2009
Subject matter and issue as pointed put by Joyce is very importnt for plea of Resjudicata. Let us wait for more.
Raj Kumar Makkad
(Expert) 05 December 2009
Joyce and Asumi! Res-judicate is applicable wherein any issue in the same parties has already been decided in some earlier suit. Here A has filed suit on the same matter during the pendancy of the suit against DEF so res-judicate is not applicable rather section 10 comes in the way which has also similar function..
According to section 10 of CPC, the latter suit shall be adjourned sine-die.
H. S. Thukral
(Expert) 05 December 2009
I agree with Sh. Makkad but I am looking forward to know whether the subsequent suit is filed in the same court and if not then whether the first court has jurisdiction to grant the relief prayed for in the second suit ?
N.K.Assumi
(Expert) 05 December 2009
Consider this. A group of emplouyees were terminated, and some of them challenge the action of the employer for not comlying with Universal Jusirsprudence, while others challenge with declaratory suit in different courts for declaring the action of the employees as ultra vires,, unconstitutional and null and void,?Does Resjudicata applies in the two cases?
niranjan
(Expert) 05 December 2009
when sec.10 is made applicable,the later suit suit will be stayed and in that case there is no question of granting of relief in the second suit.Further an application under sec.24 of cpc can be moved to the dj to transfer the second suit to the court where first suit is pending.
H. S. Thukral
(Expert) 06 December 2009
Dear Mr. Assumi:
As Mr. Makkad had rightly put in, the question is whether section 10 CPC would be applicable and not the principles of resjudicata.
In my opinion if the prayers are different and relief claimed is different( as in the referred example) in two cases then section 10 would not be applicable.
