Suit had been dismissed on merits
2) minors were added as party to the suit on demise of their father
3) they cannot file fresh suit after dismissal of original suit
Can suit be filed again a fresh of decreed suit
Dear Sir Find below the contents of the Decree copy.The suit was first dismissed in District Munsifs court and on appeal in the district judge court also dismissed.The Minors shown in the suit are now majors. They are planning to file a fresh suit again with the same prayer. Please inform me whether they can file suit afresh. --------------------------------------------------------------------------------------------------------- Extract of decree In the court of additional district munsif,Hosur Present:thiru M Kannan BA BL Additional District Munsif Thursday the 14thDay of july,1977 Original suit No 146 of 1977 1.Krishnaiah son of Ramaiah (died) 2.Jayalakshimiammal wife of I plaintiff 3. minor Nagasayana 4.Minor Prabakar 5.Minor Anusua 6 minor Santhamma 7 Minor Devarajan Plaintiffs 3 to 7 are children of 1 plaintiff represented by 2 plaintiff all are residing at Dhalasur village Denkanikotta taluk PLANTIFFS Plaintiffs 2 to 7added as LRs of deceased 1st Plaintiff as per order in 520/75 dated 11.8.1975 Versus 1.Mallaiah s/o Chkkaramaiah aged 50 years residing at Dhalasur village of Denkanikotta Tk 2.Venkataiah S/o Chennaiah aged 30 years residing at Kundukotta of denkanikotta Taluk 3 Ramachandra shetty s/o Ramaiah residing at Denkanikotta DEFENDANTS Date of suit 6.4.1973 cause of action :20.03.1973 Value of suit rs 300 Court fee paid Rs 23 Suit for declaration of plaintiffs title to the suit property and for permanent Injection restraining the defendants from interfering with plaintiffs possession and enjoyment of the suit property with suit costs This suit coming on for final hearing before me on 5-7-77 in the presence of vijayasagar advocate for the plaintiffs and sri venkatareddy advacate for the defendants and having stood ever for consideration till this day, the court do order and decree as follows:- 1.That the suit be and the same is hereby dismissed 2.That there shall be no order to costs Description of the property: Within Dharmapuri RD, Denkanikotta SRD at Dhalasur village, lands bearing S No386A ext 2.76 acres, S No386B 0.48 cents and S no387 dry ext 4.2 acres with in this north and south of mallappa land west of krisnaiah land east of muniappa land an ext of 1.24 acres with this extent deducting the portion of 0.44 cents belonging to D1, the remaining ext of 0.80 cents East Krishnaiah land West M allaiah land South mallaiah land North mallaiah land Given under my hand and the seal of the court, this 1 day of july 1977
Asked 6 years ago in Property Law
Religion: Hindu
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13 Answers
Once a suit is dismissed by court the same suit with same cause of action is barred under law and it will be res judicata I.e a court cannot try a suit which is once disposed off on same cause of action on same property.
If there's new cause of action and new relief sought then these peoples can file a fresh suit.
Did they appeal before the High Court?
The suit is dismissed on merits and facts it is not dismissed due to default of non joining or mis joining of parties the issue has been examined by the court and the minor are impleaded party and guardian is also there so the principle of rejudicata apply here no fresh suit can be filed.
1. The contents of the plaint is to be seen first.
2. As per section 11 of the CPC no subsequent suit between the same parties seeking same relief relating to the same subject matter of suit is permissible by law of ' res judicata'.
3. From your query it appears that law of res judicata squarely applies and hence second suit would be barred unless a totally fresh cause of action rises and hence a new relief is prayed for.
Note that a fresh suit with the same prayer is barred by res judicata and is not maintainable.
You can just file an appeal before the HC if you are aggrieved by the decree and by the order of the appellate court.
Regards
Suppose he hides the fact of earlier dismissal of suit and files a fresh suit.( suit dismissed 46 years before) 1.Obtain a permanent injunction on the suit property preventing me from using the same. what action I can take in this situation?
Asked 6 years ago
Court may grant exparte interim injunction before disposing off the mandatory injunction courts will serve you notice that time you people can file application under order 7 rule 14 and get case dismissed at earliest producing copy of earlier case.
Sir when he files a suit the court give summons to all the other interested parties before that interim order is not passed by court,
keep the certified copy of that old order at time he file the suit and you receive summons file an application application under order 7 rule 11 for rejection of plaint as barred by res judicata under civil procedure code The court shall decide the application first and reject the plaint in itself.
11. Rejection of plaint.- The plaint shall be rejected in the following cases:—
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is written upon paper insufficiently stamped, and the plaintiff, on being required by the court to supply the requisite stamp paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law;
(e) where it is not filed in duplicate;
(f) where the plaintiff fails comply with the provision of Rule 9.
Hiding the fact of earlier dismissal of suit and files a fresh suit since suit was dismissed 46 years before is not a good thing. Because at one time it will be revealed. Then the consequences may be different.
If they file a fresh suit then you can provide documents of the past dismissed suit. But being a major if they file a suit they if the Court learning abput all the past facts and finally after all hearing order permanent injunction on the property preventing you from using the same. Then you can appeal before the Court or Higher Court.
1)draw attention of court to earlier suit filed
2) since plaintiff has not come to court with clean hands suit would be dismissed
You have not furnished the portion of judgement citing reasons for dismissal.
The reason for dismissal may be given in your revert for proper opinion to the maintainability of the fresh suit.
If the fresh suit is barred due to operation of law of resjudicata then you may file a petition under order7 rule11 seeking to reject the plaint.
It has to be determined by order of dismissal on what grounds the suit is dismissed. For no cause of action or rejudicata. The said reason has to be seen before appeal. You can file fresh suit but need to make our a case that the fresh suit has change in circumstance.
