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Chandan Tyagi   01 September 2021

Execution of resjudicata order.

A Suit was filed in lower court, it was decided.
An appeal was filed at senior level (at senior division). Again it was decided by senior court. 
Opposite party got defeated at both level 

Now instead of filing an appeal at high court, opposite party filed a fresh suit at junior division just to time pass.

When we file an application that thr fresh suit is falling under section 11 of cpc resjudicata.  We filed an application in senior court related to resjudicata and order was passed by senior court allowing that case falls under resjudicata.
But opposite party by giving bribe to peshkar,  took an order that the resjudicata doesn't apply.

We filed an appeal in senior division and our stay was given by DJ after hearing that relevant grounds are there.
Now the senior division fast track allowed our appeal and decided that the case falls under resjudicata.

My question- how to get this order executed in lower court where fresh case is, get the fresh case finished, 

Can anyone help here how to get this sorted on lower court and get the case closed.



Learning

 5 Replies

Dr J C Vashista (Advocate)     02 September 2021

Is there any requirement and provision for execution of a petition/ appeal / suit dismissed under the provisions of Section 11 of the Code of Civil Procedure, 1908 ?

Chandan Tyagi   02 September 2021

Thank you sir for replying. The fresh suit need to be closed. How to approach the lower court for the same

G.L.N. Prasad (Retired employee.)     02 September 2021

Those parties (defendants) can file IA for taking up resjudicata as the first issue. This resjudicata is a complicated issue and must be decided on hearing the plaintiff's version also in on going suit.

P. Venu (Advocate)     02 September 2021

"When we file an application that thr fresh suit is falling under section 11 of cpc resjudicata. We filed an application in senior court related to resjudicata and order was passed by senior court allowing that case falls under resjudicata." When the fresh suit is filed in the Junior Division, how and why you approached the senior court. The facts posted are less than convincing. Read more at: https://www.lawyersclubindia.com/forum/execution-of-resjudicata-order--219792.asp

Lovely Nation   19 September 2021

any citations case laws of apex court which favours res judiacata?

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