https://www.taxtmi.com/caselaws?id=173024 A prior dismissal of a suit for non-joinder of a necessary party, without adjudication on the merits, does not satisfy Section 11 CPC because the matter must have been heard and finally decided by a competent court; accordingly, res judicata does not apply. A later damages suit was also not barred by Order 2 Rule 2 CPC because the earlier proceeding concerned enforcement of a bank guarantee, while the subsequent claim arose from breach of the underlying contract and was treated as resting on a distinct cause of action. On both grounds, the challenge to the maintainability of the later suit failed, and the claim was permitted to proceed. en-us Tue, 09 Jan 1996 00:00:00 +0530 Mon, 07 Sep 2015 15:50:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=173024 A prior dismissal of a suit for non-joinder of a necessary party, without adjudication on the merits, does not satisfy Section 11 CPC because the matter must have been heard and finally decided by a competent court; accordingly, res judicata does not apply. A later damages suit was also not barred by Order 2 Rule 2 CPC because the earlier proceeding concerned enforcement of a bank guarantee, while the subsequent claim arose from breach of the underlying contract and was treated as resting on a distinct cause of action. On both grounds, the challenge to the maintainability of the later suit failed, and the claim was permitted to proceed. Case-Laws Indian Laws Tue, 09 Jan 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=173024