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applicability of res judicata in case of an ex party decree
16-Sep-2024 (In Property Law)
a fresh suit for infringement was filed. the defendant appeared for first three dates, his lawyer filed the vakalatnama and thereafter stopped appearing. the plaintiff lead the evidence. after hearing the plaintiff's arguments the court passed a decree against the defendants. can the same defendant file a fresh suit against the same plaintiff for same cause of action?
No. If the ex parte decree has been passed on merits, which it would be, res judicata applies. In your case, the defendant is barred from filing a fresh suit for same cause of action. Res judicata applies in ex parte decrees as well.
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Adv. Manashwy Jha
Delhi | 25+ Answers
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For the same cause of action same party and same relief the defendant cannot file a fresh suit as the resjudicata will apply he may go for the appeal but fresh suit for same cause of action even if is filed by him it shall be barred by resjudicata and the suit will be dismissed.
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Adv. Karishma
Delhi | 50+ Answers
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