Does a petition is barred by the concept of Res Judicata, if its already been filed, but withdrawan without the leave of the court. some additional grounds are also been added to it?
Prasoon Agrawal 09 July 2015
Does a petition is barred by the concept of Res Judicata, if its already been filed, but withdrawan without the leave of the court. some additional grounds are also been added to it?
Satya Narayan Mohanty 19 July 2015
Hello Prasoon, I am a BA LLB student. From my academic understanding - you will not be estopped to file the same suit which had been earlier withdrawn at your option without the leave of the courtl. The principal of res judicata aims to avoid multiplicity of actions on the same cause and between the same parties which had been earlier decided by the court. If the court has decided (or given its judgement on) on your cause of action, you will be estopped to bring the same action against the same party.
However, in your case, even though you have petitioned before the court about your cause of action, but the same has not been decided by the court owing to your withdrawal of the petition. Hence you petiotioning again will not attract estoppel by res judicata. The essential element to form this estoppel is the case has been priorly disposed of by the court against the same party.
Since your case has not been disposed of for whatsoever reason in your earlier filing, you will be entitled to file your case again.
This is my understanding from the academic studies. I humbly request the experts to review and comment if they find it incorrect or incomplete.
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