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
objections
under Section 47 CPC cannot be used to re-open or relitigate the merits of
the case; they are confined to issues pertaining
legally impermissible and
unsustainable."
18. The issue regarding a party relitigating a question
or issue which has already been decided though the
other party ... court because it is an abuse
for a party to relitigate a question or issue which has
already been decided against him even though
that are legally impermissible and
unsustainable."
12. Whether a party can relitigate a question of law
or issue which has already been decided though ... court because it is an abuse
for a party to relitigate a question or issue which has
already been decided against him even though
cannot be used for
mere re-appreciation of evidence or to relitigate issues that the Court
has already decided. However, if there is a patent
nature and
summary in scope, cannot serve as a platform to relitigate or
CRLA No. 490 of 2025
20 &
CRLA 134 of 2018 Page
nature and
summary in scope, cannot serve as a platform to relitigate or
CRLA No. 490 of 2025
20 &
CRLA 134 of 2018 Page
judgments, a review cannot be used as a vehicle to
reargue or relitigate matters that have already been concluded on
merits.
18. It is equally
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
suit when the plff. & the deft, will have to relitigate the whole matter afresh. In such circumstances, the learned Counsel of both parties were