High Court also dismissed the appeal on the ground of
resjudicata. The present appeal is by special leave granted
by this Court. The same plea ... referred to.
(iii) Where the principle of resjudicata is invoked in the
case of the different stages of proceedings in the same suit
the nature
Parkash Singh And Others vs Joint Development Commissioner on 8 November, 2013
Author: Rajive Bhalla
also been contended that the suit was barred by the principle of resjudicata. Even though the earlier suit was in relation to some other properties ... dismissed the suit holding that it was hit by the principle of resjudicata and for the reason that the plaintiff had not successfully proved that
filed in his Court had arisen, was
barred by the rules of resjudicata?
9.
rtMr. B.N. Mehta, learned counsel representing the
appellant vehemently argued ... learned
first appellate Court that the present second suit is barred by
resjudicata is not based upon the correct appreciation of the
law as well
present writ petition is not maintainable being barred by the principle of resjudicata. In reply to the above-said objection being taken by the respondents ... regard to the resjudicata, the petitioner replies that the principle of resjudicata are not applicable in the present case for the reasons; (1) that
first appeal R.C.A. 1425 of 1966 acts as resjudicata against the tenant who has filed no appeal against that dismissal.
(3)Further ... benefit of section 50(3) of the Act acts as resjudicata and bars the tenant from claiming the benefit of section 50(3) again
vide order dated 26.12.1993 holding that the subsequent application is barred by resjudicata in view of the aforesaid earlier order dated 11.2.91, by which ... this Court. Therefore, the aforesaid earlier order, having the effect of resjudicata and such findings cannot be interfered by holding the relationship between the parties
Land Tribunal after remand, the landowner did not press the point of resjudicata raised earlier and this is explicit from the order passed ... Land Tribunal after remand. Coming to the merits of the plea of resjudicata, Mr. Chandramohan Das submitted that
dismissed and
hence the findings therein against defendants will
not operate as resjudicata and as State has first
charge over the plaint schedule property ... first appellate court that
Ext.A2 judgment will not operate as resjudicata
wrong in view of the Full Bench decision of this
court
decide the preliminary issue as to whether the suit is barred by
resjudicata or not, which was allowed by the trial court by order dated ... suit is entirely different from the earlier proceedings, hence the plea
of resjudicata ought to have been rejected by the court below
