ought to have been raised in a previous
litigation should not be relitigated in subsequent proceedings.
The extended form of res judicata, known as constructive ... entirety of a decided cause of
action is sought to be relitigated; (ii) issue estoppel or, 'decided
issue estoppel', where an issue
already been decided and went
against the first defendant, once again relitigating the same issue in the
subsequent suits filed by her daughter in view ... this court is nothing but
a relitigation. Further, the contention of the first defendant in
O.S.No.4642 of 2020 and also the second
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
detain us any longer. Suffice to state, it is
an attempt to relitigate a settled issue.
38. We will now deal with CMSA
transnational issue
estoppel‟ would effectively curb the propensity of parties to
relitigate settled factual issues taking advantage of the fact that
they are before ... considered while deciding whether to permit
relitigation of the issue before the enforcement court.
D. The public policy grounds for resisting enforcement of a
foreign
such decisions on their own as the same would amount to
relitigating the very same issues and rather should relegate the parties to
seek clarification
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."
This decision
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
