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Res Judicata applicable only if earlier suit decided on merits

In Manakkal Nadakumar Vs. M. Subramanyan, the Hon'ble Kerala High Court held that it is clear from the above dictums that in order to attract the bar of res judicata for a subsequent suit, it must be decided on merits and dismissal on technical grounds or it was dismissed as not pressed will not operate as res judicata in the subsequent suit as the issues have not been heard and decided finally on merit. Further it is also clear from the above dictums that in respect of suit for partition as well redemption of mortgage, the dismissal of an earlier suit as not pressed or dismissed on technical grounds will not amount to res judicata for filing a subsequent suit as it will be having recurring cause of action till the right to claim partition or redemption is totally extinguished.

Article referred: http://www.lawkam.org/caselaw/res-judicata-nadakumar-subramanyan/11100/

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