s.sivakumar (advocate) 27 April 2008

suit against a dead person

Plaintiff had filed a bare injunction suit against Mr.xxx.yyy. after the case was numbered and notice was ordered, plaintiff came to know that the plaint was numbered againt the father of the original defendant,( because both the names are more or less identical) who was alredy dead so he has not pressed the suit and had filed a fresh suit against the correct defendant and got interim injunction. ( in the first suit the notice was not served to any one) Whether the suit is barred by Rejudicata or by any other provision.... ?

Reply Follow

10 Replies

Guest (n/a) 28 April 2008

no res judicata 1 - earlier suit not between same parties 2- suit against dead nullity

satish verma (service) 28 April 2008

No the suit can not be barred by res judicata because it does not fulfill the ingredients of Res judicata.

Ajay kumar singh (Advocate) 28 April 2008

The term"res judicata"means-a claim adjudicated. Obviously no adjudication is made by a court in the earlier suit. So, the principle of res-judicata will not apply. What about the first suit? If it is still pending,it should be withdrawn ,otherwise section 10 C.P.C.may come in way.Pl make clear for which party(pltff/defdt) your query is to make the answer more clear.

GOPI KRISHNA (ADVOCATE) 29 April 2008

the principles of resjudicata will not come into the picture in suit for bare injunction, normally the cause of action is always latest

Guest (n/a) 13 May 2008

Hi, In this case resijudiceta willnot be applicable as the ingredients says adjudication must be between the same partys.

Sachin Bhatia (Advocate) 29 December 2008

In this case resjudicata wiil not be applicable.

Pankaj Kundra (Advocate) 29 December 2008

No ways

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 31 December 2008

No the suit can not be barred by res judicata because it does not fulfill the ingredients of Res judicata.

PALNITKAR V.V. (Lawyer) 02 January 2009

suit against a dead person is a nullity. hence neither res judicate nor Sec. 10 comes in picture though suit remains pending

Vijay Raj Mahajan (Advocate) 03 January 2009

I agree with Mr.Palnitkar Advocate. The principle of res judicata applies to same parties here the parties are different in the second suit, at the same time the respondent named in the first suit is dead & hence that suit becomes nullity if not represented by his/her legal representatives. Rather the first suit will get dismissed by default when as the petitioner fail to appear on the next date of hearing for that suit even if the notice to respondent has not been served to anyone.