AIR 2003 ALLAHABAD 64 ::2003 ALL. L. J. 399 ::2003 A I H C 1397 ::(2003) 94 RevDec 330 ::(2002) 2 All RentCas 657 ::2003 All CJ 1 268 ::(2003) 50 All LR 397

Allahabad High Court

Hon'ble Judge(s): S. P. Mehrotra , J

(A) Civil P.C. (5 of 1908) , S.11, O.10 R.4(1)— Res judicata - Applicability to subsequent stage of suit - Order for personal appearance of party passed under O. 10, R. 4 in earlier stage of proceedings - Order not finally adjudicating right of party - Such order is interlocutory in nature - Court not precluded from passing different order under O. 10, R. 4(1) in subsequent stage of proceedings - Bar of res judicata, not applicable. In order to decide whether the principle of res judicata is applicable in the case of different stages of proceeding in the same suit, it is necessary to examine, inter alia, the nature of the proceedings, the scope of the enquiry which the adjectival law provides for the decision being reached, as well as the specific provisions made touching such decisions. In case, subsequent applications are based on new facts or new situations which subsequently emerge then it will be open to the Court to pass suitable orders, and the earlier order passed in respect of the same relief will not operate as bar on the basis of the principle of res judicata. However, if subsequent applications are made on the same basis on which earlier application for the same relief has been rejected and no new facts or new situations are brought on record in the subsequent applications, then the subsequent applications should be rejected on the ground that th....