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Vinayak Patil   06 December 2023

Res judicata

If in a former suit plaintiff doesn't appear before court for examination and any legal proceedings then in later suit.Can defendant bars him to file suit by taking plea of constructive res judicata ?


 9 Replies

Real Soul.... (LEGAL)     06 December 2023

No, the matter was not decided. 

1 Like

Vinayak Patil   06 December 2023

Sir suit is decreed

Real Soul.... (LEGAL)     06 December 2023

If the suit is dcreed previously, then the matter already decided is barred under section 11, CPC. 
Only appeal lies in that case. 

Vinayak Patil   06 December 2023

Ok thanks


T. Kalaiselvan, Advocate (Advocate)     06 December 2023

You have filed the subsequent suit impleading him as a defendant hence you cannot curtail his rights to defend his interests before the court of law.

It will not be termed as res judicata

Vinayak Patil   06 December 2023

I filed subsequent suit but he also filed counter claim

For his counter claim,can I take plea of res judicata 

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

It appears that the previous suit filed by him was dismissed for default and it was not disposed on merits, hence a fresh suit would not be barred by the law operating res judicata.

Hence his counter claim in your suit cannot be restricted for the reasons you state. 

1 Like

Vinayak Patil   07 December 2023

No sir, suit is disposed on merit

In previous He had filed suit with plaint only but he didn't appear before court in oath box for cross, witness, evidence.

 On the basis of his pleading and our written statement, cross, witness and evidance suit was decreed on merit


T. Kalaiselvan, Advocate (Advocate)     07 December 2023

If the suit was decreed on merits,  he cannot claim the same relief again in some other suit and the same cause of action would be considered as Res judicata. 

You can file a petition under order VII rule 11 to reject the plaint on the same basis 

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