Recently the Supreme Court ruled that dismissal of a previous suit for technical reasons would not be considered Res Judicata. A Division Bench of Justices Ajay Rastogi and Sanjiv Khanna stated that in order to apply principle of res judicata, the earlier suit must have been decided on merits and the decision must have reached
Order 2 Rule 2 CPC | Dismissal of Earlier Suit For Technical Reasons Doesn’t Attract Res Judicata, Rules Supreme Court
