misconceived.........................................................................................40
Proceeding ahead with appeal despite consent order, amounts to
relitigation which is an abuse of process......................................................41-49
Conclusion...................................................................................................50-51
Signature
Consequently, we are of the view that the present appeals amount
to relitigation. The Supreme Court in K.K. Modi Vs. K.N. Modi ... 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
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
Court because it is an abuse for a party to relitigate a question or
issue which has already been decided against him even though ... 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
only bereft of any merit, but it also amounts to relitigation.
This Court as well as the Apex Court have repeatedly held that relitigation
principles of Order 2 Rule 2 CPC and the concept of
relitigation inasmuch as the plaintiff's initial suit, RFA, SLP and Review
Petition ... present case."
9. In view thereof, the present suit amounts to relitigation and is barred
by Order 2 Rule 2 CPC as well
Consequently, petitioner by way of the present writ petition seeks to
relitigate and convert this Court into an Appellate Court of the earlier
Division Bench
