Or. 22 R 5 and Res Judicata

Swami Sadashiva Brahmendra Sar (Querist) 16 February 2010 This query is : Resolved
Whether decision on the issue of substitution of LRs of a party amounts to res judicata?

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Raj Kumar Makkad (Expert) 16 February 2010
No. This is procedural land and it do not dicide the matter finally.

Khaleel Ahmed Mohammed (Expert) 16 February 2010
Resjudicata is different from substitution of LRs.
Resjudicata deals with once the matter decided among the same parties at same subject matter, should not raise again in another suit by the same parties for same subject matter.

Parveen Kr. Aggarwal (Expert) 17 February 2010
In 'Dashrath Rao Kate vs Brij Mohan Srivastava' (Decided on: 3 November, 2009) the Supreme Court of India has held that as a legal position, it cannot be disputed that normally, an enquiry under Order 22 Rule 5, CPC is of a summary nature and findings therein cannot amount to res judicata, however, that legal position is true only in respect of those parties, who set up a rival claim against the legatee.

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