Civil Suits In Civil Procedure CodeSubsequent Suit Not Barred By Res Judicata

March 21, 20160

The subsequent suit filed will  not be barred by res judicata ,under Section 11 of Civil Procedure Code, 1908 in the following cases :

a.when previous suit was dismissed for non-joinder of parties by giving liberty to plaintiff to file fresh suit and accordingly subsequent suit was filed joining other defendants also and

b.claiming reliefs different from those claimed in previous suit, as neither parties, nor subject-matter nor relief claimed in two suits being the same

 [City Municipal Council Bhalki v. Gurappa, (2016) 2 SCC 200]

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