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Jimmy (Manager)     10 September 2014

Clarification of order vii rules 11 and 13

My wife's petition was rejected on grounds of an application filed by my advocate under Order VII Rule 11 because even if all the averments were accepted as true the law did not allow her to get any of her prayers granted.  I was excited. Though advocate was great. No. Wait. My wife files a fresh petition with a few other changes as I am told that is allowed under Order VII Rule 13. I do not understand this. It can go on forever. How is res judicata different from Order VII Rule 13. How can someone be allowed to refile after it has been rejected because the law does not apply to the facts alleged? Please clarify this CONFUSION. 



Learning

 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 September 2014

 'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court. Thereafter, if either of the parties approaches the same court for the adjudication of the same issue, the suit will be struck by the law of 'res judicata'. In your case there may be different issues.


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