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Chandroth Ponnambath Harifa v. Makkada Preethi

  • Order

Code of Civil procedure, 1908 – Section 10 – Some of the issues in the previous Suit if have any connection with the subsequent Suit the bar under Sec.10 will not apply.

In order to attract the bar under Sec.10 of the Code the fact in issue in the subsequent Suit might be directly and substantially in issue in the previous Suit. The decision in the previous Suit should operate as res judicata in the subsequent Suit also. It is also necessary that all the matters in issue in the previous Suit should be substantially and directly in issue in the subsequent Suit.

Citations : 2021 (4) KCC 177