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A files a suit for declaration that he is entitled to certain lands as heir to B. The suit is dismissed. Can he claim in later suit the same properties on the basis of adverse possession?
Arrest Before Judgment and Attachment Before Judgment (Order 38)
Will the rule of res judicata operate if the suit is dismissed by the trial court for default or want of jurisdiction?
Will the rule of res judicata operate if a writ petition under Article 226 of the Constitution was dismissed by the High Court in limine without a speaking order. The petitioner subsequently filed a petition under Article 32 on the same subject matter taking the same plea.
Will the rule of res judicata apply if a suit between coparceners for the partition of immovable property was finally decided. Subsequently one of the coparceners filed another suit for partition to movable property.
Will the rule of res judicata operate if a suit was dismissed on the plea of limitation without adjudicating merits. A subsequent suit was filed in which the same pleas were raised.