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"One of the examples cited as an abuse of the process of the court is relitigation. It is an abuse of the process of the court and contrary to justice and public policy for a party to relitigate the same issue which has already been tried and decided earlier against him. The reagitation may or may not be barred as res judicata..."

17. In view of the law as laid down by the Hon'ble Supreme Court in the aforesaid judgment, the principle of res judicata is not only confined to the issues decided earlier but also the issues or facts, which had been clearly part of the subject-matter of the previous litigation and could have been raised earlier, are covered thereunder. Filing of the 2nd Complaint on the same cause of action is an abuse of the process of the Court. In case, the Court fails to notice such like legal and material aspects, there would not be any end of the litigation. Therefore, the 2nd Complaint filed by the Complainant is clearly barred by the principle of Res judicata and Constructive Res judicata as discussed above.