https://www.taxtmi.com/caselaws?id=286043 A fresh suit filed after withdrawal of an earlier suit with liberty to sue again is not barred by Order II Rule 2 CPC where the earlier matter was not finally heard and decided; constructive res judicata and res judicata do not apply on those facts. The money claim, however, was held time-barred because the last payment relied on was made in 1995 and the suit was filed in 2001, and the plea to treat the matter as a rendition-of-accounts claim was not accepted. Benami and court-fee objections were left for trial. en-us Mon, 07 Sep 2009 00:00:00 +0530 Mon, 10 Feb 2020 15:54:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286043 A fresh suit filed after withdrawal of an earlier suit with liberty to sue again is not barred by Order II Rule 2 CPC where the earlier matter was not finally heard and decided; constructive res judicata and res judicata do not apply on those facts. The money claim, however, was held time-barred because the last payment relied on was made in 1995 and the suit was filed in 2001, and the plea to treat the matter as a rendition-of-accounts claim was not accepted. Benami and court-fee objections were left for trial. Case-Laws Benami Property Mon, 07 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286043