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.... ?

 
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n/a

no res judicata 1 - earlier suit not between same parties 2- suit against dead nullity
 
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No the suit can not be barred by res judicata because it does not fulfill the ingredients of Res judicata.
 
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Advocate

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 If it is still pending,it should be withdrawn ,otherwise section 10 C.P.C.may come in way.Pl make clear for which party(pltff/defdt) your query is to make the answer more clear.
 
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the principles of resjudicata will not come into the picture in suit for bare injunction, normally the cause of action is always latest
 
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n/a

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

In this case resjudicata wiil not be applicable.

 
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Advocate

No ways

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

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

 
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Lawyer

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

 
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