https://www.taxtmi.com/caselaws?id=458326 A subsequent partition suit for separate possession was not barred by res judicata where the property had been included in the earlier suit and the omission from the preliminary decree was accidental, not an adjudication against the claimant. Section 11 CPC applies only when the matter in issue has been heard and finally decided, and an accidental omission does not amount to such a decision. Rejection of an earlier review application for non-payment of court fee also did not preclude the suit, because that order was not on merits and did not determine the substantive rights. The claim was therefore maintainable. en-us Fri, 21 Jan 1955 00:00:00 +0530 Tue, 22 Oct 2024 15:35:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458326 A subsequent partition suit for separate possession was not barred by res judicata where the property had been included in the earlier suit and the omission from the preliminary decree was accidental, not an adjudication against the claimant. Section 11 CPC applies only when the matter in issue has been heard and finally decided, and an accidental omission does not amount to such a decision. Rejection of an earlier review application for non-payment of court fee also did not preclude the suit, because that order was not on merits and did not determine the substantive rights. The claim was therefore maintainable. Case-Laws Indian Laws Fri, 21 Jan 1955 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458326