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.... ?
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 If it is still pending,it should be withdrawn ,otherwise section 10 C.P.C.may come in way.Pl make clear for which party(pltff/defdt) your query is to make the answer more clear.