Q: What are the Exceptions of Res Judicata ?

 Ans: Exceptions of Res judicata : 

The doctrine of res judicata restricts the parties from re-filing the litigation procedure, but there are certain circumstances when this doctrine is not applicable.

  1. When the decree and order have been obtained by committing fraud and misrepresentation of the facts or issues.
  2. When the judgment is not pronounced on the merits.
  3. When the special leave petition was dismissed without making a proclamation or determination of the judgment.
  4. When the subsequent lawsuits have a different cause of action. If a later lawsuit has a separate cause of action, the court cannot dismiss it.
  5. When the court did not have competent jurisdiction in the former suit.
  6. When there is a question of law.
  7. When an interlocutory order had been passed in a former suit.
  8. If there is any amendment to an existing law that grants new rights to the party then the doctrine will not apply.
  9. When the suit was dismissed by default.
  10. If the party does not raise a plea for res judicata.

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