Petition in the High Court for implementation of order of Resjudicata

Hello respected members, I have one case in fast track court. Initially we won at lower court, upper court (DJ level). Instead of going to high court, other party filled a fresh case in lower court with the same case, same matter. We applied for resjudicata in district court and got approval on resjudicata. But the fast track court is not ready to accept the order of resjudicata and close the case. Please suggest : can we apply in highcourt for implementation of resjudicata order in fast track or any other way out in this case so that we can close the court.

Answers (1)

137 votes

Yes you can certainly go in appeal to High Court if the fast track court is unwilling to accept res judicata order. However, just remember that for the principle of res judicata to apply, three conditions must be fulfilled. Firstly, the suit should be between the same parties. Secondly, the subject matter of the suit must be the same and thirdly, the earlier suit must have been decided on merits by the court.

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