AIR 1958 PATNA 95

Patna High Court

Hon'ble Judge(s): Ahmad , J

Civil P.C. (5 of 1908) , S.11, O.22 R.9— Abatement of suit - Res judicata. The dismissal of a suit on the ground of abatement cannot operate as res judicata though a second suit on the same cause of action will of course be barred the reason being that res judicata essentially arises out of a decision given on merit while a bar against fresh action is founded on the provision of law as laid down in the Code of Civil Procedure and not necessarily on an order which is tantamount to a final decision on merit though it is true that for certain purposes that order may operate as judgment. Case law discussed.(Para 7) Anno: AIR Com. C. P. C. S. 11, N. 106; O. 22, R. 9, N. 3.