Honourable Apex Court, in the said judgment , held that Relitigation is an abuse of process of Court and paragraph 44 of the said judgment ... examples cited as an abuse of process of the court is relitigation. It is an abuse of process of the court and contrary to justice
judis.nic.in
28
nothing but a relitigation of the suit in O.S.No.764 of 2013 which is
evident from a portion ... This according to the learned Senior counsel is nothing but a
relitigation and therefore on this ground also the suit
which precludes the parties after final
judgment to reagitate and relitigate the same cause of action or ground of
defence or any fact determined
Messer Holdings Ltd vs Shyam Madanmohan Ruia & Ors on 19 April, 2016
Equivalent citations
reopen that issue."
Here also the bar is complete to relitigation but its operation can be
thwarted under certain circumstances. The House then finally
which precludes
the parties after final judgment to reagitate and relitigate the same
cause of action or ground of defence or any fact determined
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 ... justice and public policy for a party to relitigate the same issue which has
already been tried and decided earlier against him. The reagitation
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 ... justice and public policy for a party to relitigate the same issue which
has already been tried and decided earlier against him. The reagitation
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 ... justice and public policy for a
party to relitigate the same issue which has already been
tried and decided earlier against him. The reagitation
contention of the learned counsel that the present suit is nothing but relitigation.
3. The learned counsel for the first respondent would submit that