institution of the proceeding or in a case where a
party is relitigating the same issue which has been tried and decided earlier
against
institution of the proceeding or in a case where a
party is relitigating the same issue which has been tried and decided earlier
against
institution of the proceeding or in a case where a
party is relitigating the same issue which has been tried and decided earlier
against
rendered the suit not maintainable. The plaintiff should
not be allowed to relitigate on such issues and permitted to reopen the
said proceeding.
In this
suppression of
materials facts and the petitioner could not be allowed to relitigate
on the issues already decided. The writ petition was dismissed
with costs
Officer during his visit. Mr. Saha, further submits
that the respondent is relitigating on the same issue. However,
it prima facie, does not appear
this application. The said order is not
under challenge. The petitioner cannot relitigate on the same
issue. The said order is binding on the parties