As far as the plea of res judicata is concerned, the fundamental principle requisite to its applicability is that the matter must have been heard and finally decided. This means that the matter must have been heard and decided by a competent court in the earlier proceedings. When a consent order is passed and the case is disposed of on the basis of consent, it cannot attract the principle of res judicata as such.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Special Appeal No. 14 of 2015
Decided On: 12.05.2017
Hon'ble Judges/Coram:
K.M. Joseph, C.J. and V.K. Bist, J.
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