Previous judgments relevant to bar a second suit or trial
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Summary
A prior judgment, order or decree that by law prevents a court from taking cognizance of a suit or holding a trial counts as a relevant fact. When a court is deciding whether it should take cognizance or try a case, it must consider that earlier decision. If the earlier decision bars the suit, the court may refuse to hear it.
Example
Ravi sues his neighbour over the same plot of land, but there is already a decree from an earlier suit that bars fresh proceedings. The court must look at that earlier decree when deciding whether to take cognizance. If the decree legally bars the new suit, the court can refuse to hear Ravi's case.
Bare Act
Enacted textThe existence of any judgment, order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold such trial.
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