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february 2006

Supreme Court of India · 2006-02-28

Jet Ply Wood Private Ltd. & Anr vs Madhukar Nowlakha & Ors

Citation / case number
AIR 2006 SUPREME COURT 1260
Court
Supreme Court of India
Petitioner
Jet Ply Wood Private Ltd. & Anr
Respondent
Madhukar Nowlakha & Ors
Author
Altamas Kabir
Bench
H.K.Sema, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the withdrawal of a suit without liberty to file a fresh suit on the same cause of action is binding, as per the principles of res judicata. The Court emphasized that a party cannot withdraw a suit and subsequently file another on the same grounds, as this undermines the judicial process. The Court upheld the High Court's decision to restore the original suit for trial, affirming that the respondent was misled into withdrawing the suit due to misrepresentation by the appellants.

Jet Ply Wood Private Ltd. & Anr vs Madhukar Nowlakha & Ors · Niyam