Res Judicata Not Attracted Without Adjudication: SC Clarifies Law on Fresh Suits After Default Dismissals
The Supreme Court division bench of Justice J.B. Pardiwala and Justice R. Mahadevan, recently clarified that the dismissal of a suit or application for default under Order IX Rules 2 or 3 of the Civil Procedure Code (CPC) does not bar the filing of a fresh suit. The Court held that such dismissals do not […]
Discretion v. Adjudication: Bombay HC Full Bench Resolves Conflict on Nature of Temporary Injunction Orders
The full bench of the Bombay High Court, comprising Chief Justice Alok Aradhe, Justice M.S. Karnik, and Justice Shyam C. Chandak, has settled a conflict over whether an order refusing an interlocutory injunction constitutes a discretionary order or a prima facie adjudication. A Division Bench of the Bombay High Court noticed irreconcilable conflicts of views […]