KISHORI MOHAN GHOSH Vs. SMT. MADHABI MAURH

JUDGEMENT

(1.) Much argument is advanced by the opposite party in this revisional application against a query of this Court as to whether the Court of Appeal below was justified in setting aside the order passed by the Trial Court, even after being apprised of the fact that the earlier application for temporary injunction was rejected on merit.

(2.) There is no dispute to the facts that in the written objection to the subsequent application for temporary injunction, the petitioner categorically averred that on identical and similar facts an application for temporary injunction filed by the opposite party stood dismissed on merit and, therefore, the subsequent application is barred by the principles of res judicata.

(3.) It is no longer res integra that the principles of res judicata not only apply in two different proceedings or suits, but it has equal applicability at different stages of the same suit.