Manager - Finance & Accounts
58384 Points
Joined June 2010
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.
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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."
๐ Attach These Documents:
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Certified copy of the Fast Track Senior Division order (holding res judicata applies)
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Certified copies of earlier judgment/decree in both lower and senior courts
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Certified copy of the frivolous suit's plaint
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Record of appeal showing stay and final decision
2. Cite Binding Precedent / Finality of Decision
Point out that:
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Once res judicata is established, no further adjudication is permissible
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The finding by the appellate court (Senior Division Fast Track) is binding on the lower court
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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.
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Outcome You're Seeking:
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The junior division court should dismiss the fresh suit based on the higher court's res judicata order.
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The court can also dismiss it at the preliminary stage itself under Order 7 Rule 11 (Rejection of Plaint).
๐ Optional Safeguards:
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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.
โ ๏ธ 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.
๐งพ 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.”