Question
The Principle of Res-Judicata does not apply when?
Solution
- Judgment in original suit obtained by the fraud – if a court thinks that the judgment of former suit is obtained by the fraud, then the doctrine of the res judicata is not applied.
- A different cause of action – Section 11 will not be applied when there is a different cause of action in the subsequent suits. The court cannot bar a subsequent suit if it contains the different cause of action.
- When there is Interlocutory Order – Interlocutory order is the interim order, decree or sentence passed by the court. A principle of the Res Judicata will be not applied when an interlocutory order is passed on the former suit. It is because in Interlocutory order immediate relief is given to the parties and it can be altered by subsequent application and there is no finality of the decision.
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