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 hearing a suit or holding a trial is a relevant fact when deciding whether the court should take cognizance or hold a trial. If such a prior decision exists, the court will consider it and may refuse to proceed with the new suit or trial.
Example
Priya sues the same landlord again over a tenancy dispute that another court already decided. The new court must treat the earlier decree as a relevant fact and can refuse to take cognizance or hold a trial on Priya’s claim.
Bare Act
Enacted textThe existence of any judgment, order or decree which by law prevents any Courts 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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