misconceived.........................................................................................40
Proceeding ahead with appeal despite consent order, amounts to
relitigation which is an abuse of process......................................................41-49
Conclusion...................................................................................................50-51
Signature
ought to have been raised in a previous
litigation should not be relitigated in subsequent proceedings.
The extended form of res judicata, known as constructive ... entirety of a decided cause of
action is sought to be relitigated; (ii) issue estoppel or, 'decided
issue estoppel', where an issue
There cannot be relitigation of the same issues again and again.
86. In T. Arivandandam v. T.V. Satyapal ... 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
ought to have been raised in a previous litigation should not be relitigated in subsequent proceedings. The extended form of res-judicata more popularly known ... importance. It is one thing to refuse to allow a party to relitigate a question which has already been decided; it is quite another
ought to have been raised in a previous
litigation should not be relitigated in subsequent proceedings.
The extended form of res judicata, known as constructive ... decided cause of action is sought to be relitigated; (ii) issue
estoppel or, 'decided issue estoppel', where an issue is sought
question of relitigation was not considered
by the trial Court.
5. Heard both sides.
6. Now we will straightaway go to the order passed ... According to the petitioner, it is nothing but a clear case of relitigation.
The title which was decided against the husband of the revision
petitioner
under Article 227 of the Constitution of India. The present suit is relitigation of earlier suit filed only to harass the petitioner.
4. The learned ... 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
already been decided and went
against the first defendant, once again relitigating the same issue in the
subsequent suits filed by her daughter in view ... this court is nothing but
a relitigation. Further, the contention of the first defendant in
O.S.No.4642 of 2020 and also the second
behalf of the plaintiffs. Relitigation has been frowned upon by this court as
well as by the Supreme Court. In K.K.Modi ... Modi1 , the Supreme Court
has stated about relitigation as follows:
“44. One of the examples cited as an abuse of the process
present suit is vexatious one
and the attempt is nothing but relitigation. The trial judge also stated that
already against mother of plaintiff Rukkamma ... filing of present suit as such clearly
shows that it is a relitigation and so, the filing of another suit, as such is not
permissible
