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july 2025

Supreme Court of India · 2025-07-14

Arifa vs Abhiman Apartment Co Operative Housing ...

Court
Supreme Court of India
Petitioner
Arifa
Respondent
Abhiman Apartment Co Operative Housing ...

Judgment text excerpt

The Supreme Court examined whether the liberty granted by the High Court to file a fresh suit allows for reviving a cause of action and preserving limitation, especially when raising grounds previously rejected by concurrent courts. The Court considered the implications of such liberty on the finality of judgments and the procedural rights of parties. It emphasized that the grant of liberty does not automatically permit re-litigation of issues already decided, unless specific circumstances justify it. The judgment clarified the limits of re-filing and the importance of respecting finality in judicial proceedings.

Arifa vs Abhiman Apartment Co Operative Housing ... · Niyam