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The suit is constructively res judicata because the subject matter is identical to that previously decided, and the Plaintiff is barred from instituting a case involving the same subject matter. The court is functus officio and cannot entertain the suit.
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The suit is dismissed because the claims for breach of contract and unpaid royalties, having accrued by the time of filing Civil Case No. 10 of 2022 and not included therein, are barred by Order II Rule 2(2) and (3) of the Civil Procedure Code. The doctrine of constructive res judicata applies, precluding the plaintiffs from bringing claims arising from the same cause of action that could have been included in the previous suit. The first three preliminary objections on limitation are dismissed as res judicata, but the fourth preliminary objection on constructive res judicata is sustained, re…
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The application is barred by the doctrines of res judicata, functus officio, issue estoppel, and constructive res judicata because the issue of ownership and the right to repossess the leased equipment was already determined in Commercial Case No. 107/2019, where the court found the purchase option had been exercised and the applicant's remedy is limited to execution of the monetary decree, not repossession.
Source excerpt
The present suit is barred by res judicata because the matters in issue could and ought to have been raised in the former suit between the same parties, and the requirements of section 9 and Explanation IV of the Civil Procedure Code are satisfied. The preliminary objection was properly raised as it concerns jurisdiction, which can be raised at any time.
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