Meaning of Res Judicata

Querist : Anonymous (Querist) 13 April 2011 This query is : Resolved
While a proceeding is in progress for maintenance u/s 125 of crpc. , if another case is initiated under Order 7 Rule 1 CPC, for the same cause of action does it come within the meaning of section 11 of CPC.
1. Does it mean Res Judicata (section 11 of CPC)?? Because in the 125 crpc case, order is not passed. Still argument is pending at petioner side.
2. If both cases proceed in parallel which one would prevail? 125 crpc was initiated first.

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adv. rajeev ( rajoo ) (Expert) 14 April 2011
criminal and civil proceedings are different. It does not come sec 11 of CPC, but wife can claim maintenance in only one proceedings, she cannot claim in two proceedings.

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