Maintainability of Suits in relation to Res Judicata
Lead author · Corresponding
Archismaan Tyagi
Student at University of Petroleum and Energy Studies, India
Co-author
Mehu Mohan
Student at University of Petroleum and Energy Studies, India
Abstract
There have been instances of the Doctrine of Res judicata being invoked by the parties to claim that the suit when filed must be rejected. Such a claim and its acceptance as a ground of rejection of a plaint have been discussed in a recent case decided by the Supreme Court. In deciding the issue, the Supreme Court referred to several cases bearing on the issue. It is of interest to study the principles laid down in several cases to understand the claim made by the parties and its acceptability.