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In the case of National Institute of MH & NS v. C. Parameshwara AIR 2005 SC 242 The fundamental test to attract s 10 is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit. In the case of MSM Sharma Vs. Krishna Sinha AIR 1960 SC 1186- Section 10 bars the trial of a suit or an issue in which the matter directly and substantially in issue has already been adjudicated upon in a previous suit. Moreover public policy requires that there should be an end of litigation. The question whether the decision is correct or erroneous has no bearing on the question whether it operates or does not operate as res judicata otherwise every decision would be impugned as erroneous and there would be no finality. In the case of Pukhraj D. Jain v. G. Gopalkrishna AIR 2004 SC 3504- It was held by the Court that it is not for litigant to dictate to the Court as to how the proceedings should be conducted, it is for the court to decide what will be the best course to be adopted for expeditious disposal of the case.
Which British official was responsible for the fatal attack on Lala Lajpat Rai?
Which river is the only natural water source that drains into a lake in the desert?
In which year, the British defeated the Marathas in Rohilkhand?
In which state of India, the ‘Cherchera Festival’ has been celebrated on the full moon night of the 'Paush' Hindu calendar month.
"Nua Khai - a harvest festival" is mainly celebrated in which state in India?
What thematic equity scheme did Kotak Mutual Fund launch?
Imphal is the capital of which state?
What is the value of the contract signed by the Ministry of Defence with Advanced Weapon Equipment India Limited (AWEIL) for remote control guns?
What is the target year for the Open Acreage Licensing Policy (OALP) to achieve its objectives?
In the recent Commonwealth Games held in Birmingham, Saurav Ghosal bagged the bronze medal in the event for____?