Res Judicata Not Attracted In Subsequent Suit Between Same Parties Seeking Completely Different Remedies Qua Same Property

Case: Santosh Kumar Sahu v Smt. Basanti Bai and ors

Coram: Justice Arvind Singh Chandel

Case No.: First Appeal No.197 of 2011

Court Observation: “On a close scrutiny of the pleadings made in the present suit as well as in the previous suit, the issues framed in the present suit as well as in the previous suit and the findings given by the Court in the previous suit, it is clear that in the previous suit the question whether the plaintiff was title holder of the suit house or not was not involved directly or indirectly. Therefore, the finding of the Court below that the present suit preferred by the plaintiff is barred under the provisions of Section 11 CPC is not in accordance with law. Hence, it is held that the present suit preferred by the plaintiff is not barred under the provisions of Section 11 CPC. The Court below dismissed the suit only on the ground of res judicata and did not decide the other issues on merit.”

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Keywords

Res Judicata Not Attracted, Different Remedies