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2015 (8) TMI 1518 - SUPREME COURTPrinciples of Res-Judicata - Decree of specific performance of agreement to sell - Fraud and collusion - it is also claimed that appellant was not a party to the earlier suit - HELD THAT:- The cause of action for filing the suit is different. The grounds urged in the suit, as we find, are also quite different. Even if the plaint is read keeping in mind the cleverness and deftness in drafting, yet it is not prima facie discernible from the plaint that it lacks any cause of action or is barred by any law. On a perusal of the plaint alone it cannot be said that the suit is barred by the principle of resjudicata. The allegations in the plaint are absolutely different. There is an asseveration of fraud and collusion. There is an assertion that in the earlier suit a decree came to be passed because of fraud and collusion. In such a fact situation, the High Court has fallen into error by expressing the view that the plea of resjudicata was obvious from the plaint. In fact, a finding has been recorded by the High Court accepting the plea taken in the written statement. Thus, in the obtaining factual matrix there should have been a trial with regard to all the issues framed. The trial court is directed to proceed with the suit and dispose of the same within a period of six months hence - appeal allowed.
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