Execution of resjudicata order

A Suit was filed in lower court, it was decided.
An appeal was filed at senior level (at senior division). Again it was decided by senior court.
Opposite party got defeated at both level

Now instead of filing an appeal at high court, opposite party filed a fresh suit at junior division just to time pass.

When we file an application that thr fresh suit is falling under section 11 of cpc resjudicata. We filed an application in senior court related to resjudicata and order was passed by senior court allowing that case falls under resjudicata.
But opposite party by giving bribe to peshkar, took an order that the resjudicata doesn't apply.

We filed an appeal in senior division and our stay was given by DJ after hearing that relevant grounds are there.
Now the senior division fast track allowed our appeal and decided that the case falls under resjudicata.

My question- how to get this order executed in lower court where fresh case is, get the fresh case finished,

Can anyone help here how to get this sorted on lower court and get the case closed.

Hi Chandan,
You're dealing with a classic misuse of process where a fresh suit was filed in violation of Section 11 CPC (res judicata), despite clear decisions at two earlier levels.

Since you've won the appeal in the Senior Division Fast Track Court, and the court has held that the fresh suit is barred by res judicata, you now need to enforce that finding in the court where the frivolous suit is pending.

✅ What to Do Next: Steps to Close the Fresh Suit in Lower Court

1. File an Application under Section 151 CPC

You should file an application under Section 151 CPC (inherent powers of the court) in the lower court (Junior Division) where the fresh suit is pending, with the prayer:

"In light of the order passed by the appellate court, this suit is barred by res judicata and liable to be dismissed as such."

📌 Attach These Documents:

Certified copy of the Fast Track Senior Division order (holding res judicata applies)
Certified copies of earlier judgment/decree in both lower and senior courts
Certified copy of the frivolous suit's plaint
Record of appeal showing stay and final decision

2. Cite Binding Precedent / Finality of Decision

Point out that:

Once res judicata is established, no further adjudication is permissible
The finding by the appellate court (Senior Division Fast Track) is binding on the lower court
The fresh suit is an abuse of process and should be dismissed as barred by law

3. Mention Section 10 CPC (Optional)

Even though this is not a pending matter anymore, mention that under the principles of judicial discipline, the subordinate court cannot override the appellate court's binding decision.

✅ Outcome You're Seeking:

The junior division court should dismiss the fresh suit based on the higher court's res judicata order.
The court can also dismiss it at the preliminary stage itself under Order 7 Rule 11 (Rejection of Plaint).

🔒 Optional Safeguards:

If the lower court does not act or delays the matter, you can file a petition under Article 227 of the Constitution in the High Court for supervisory jurisdiction, asking for directions to enforce the Fast Track Court's order.

⚠️ NOTE:

Also raise the issue (separately) about the Peshkar’s misconduct through a written complaint to the District Judge/Registrar, ideally with supporting proof (if any), to prevent recurrence.

🧾 Sample Prayer (for your Section 151 Application):

“In light of the judgment dated [insert date] passed by the Hon’ble Fast Track Senior Division Court in Appeal No. [insert number], it is respectfully submitted that the present suit is barred by the principle of res judicata under Section 11 CPC. It is therefore prayed that this Hon’ble Court may be pleased to dismiss the present suit as not maintainable and abuse of process of law.”