resorting to clever drafting, the Plaintiff has made an
undisguised attempt of relitigating the very same issue, which has been ... requirement of issue estoppel."
23. The Supreme Court enunciated that relitigation is an instance of abuse
of the process of the Court. De hors
respondents by the said show cause notice are seeking to reopen and relitigate the issues which have been finally concluded by the decision of this ... 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
have been raised
in a a previous litigation should not be relitigated in subsequent proceedings.
The extended form of res-judicata more popularly known ... entirety of a
decided cause of action is sought to be relitigated; (ii) issue estoppel or,
"decided issue estoppel," where an issue
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
fact between parties. It depends upon well-known doctrines which control the relitigation of issues which are settled by prior litigation."
The rule
been decided incidentally by the Small Cause Court and which can be relitigated in a competent court under Section 29A. In this case if plaintiffs
fact between parties. It depends upon well known doctrines which control the relitigation of issues which are settled by prior litigation.
The emphasis here again
support of
the submission that a party can be estopped to relitigate the matter only if the cause
of action or the plea in defense
Shree Precoated Steels Limited vs Macsteel International Far East Ltd. ... on 2 November, 2007
Equivalent
decided adversely to the plaintiff, who was a party, can now be relitigated.
6. If they cannot then this suit must fail. The order that
