Therefore it is clear that only intention of the petitioner is to relitigate.
16. The conduct of the respondent clearly demonstrates that he does ... Modi Vs. K.N.Modi ) when dealing with a case of relitigation has observed as follows:
One of the examples cited as an abuse
favour of the respondent is genuine or not. Earlier cases are relitigation and this case is not relitigation and in the present suit, the parties ... respondent is clearly abuse of process of law and amounts to relitigation for title of the suit property. The judgments relied on by 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 ... 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
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
wherein, this Court held that the suit, which amounts to relitigation or abuse of process of Court has to be rejected at threshold
fact between parties. It depends upon well-known doctrines which control the relitigation of issues which are settled by prior litigation."
This decision
counsel for the respondent / plaintiff will not apply to this case.
III - RELITIGATION
11. Having failed in their attempt to prove title in their favour
null and void is not maintainable and it just amounts to
relitigation. It is also submitted that any dispute between the Associations, its
members constitutes
null and void is not maintainable and it just amounts to
relitigation. It is also submitted that any dispute between the Associations, its
members constitutes