Fresh Suit barred

2012 (2) CURRENT TAMILNADU CASES – Page 543

Order 9 Rules 9 and 8 of CPC – Decree against Plaintiff by default bars fresh suit – Plaintiff filed suit for permanent injunction – Plaintiff predecessor in title had already filed similar suit against defendant and same was dismissed for default – Held, any suit is dismissed for default, plaintiff is precluded from bringing fresh suit on same cause of action – Whether bar created under Order 9 Rule 9 of CPC would also be applicable to assignee or a transferee of plaintiff who instituted earlier suit and dismissed for default – Bar under Order 9 Rule 9 can be invoked against legal representative or assignees or transferees of plaintiff, who filed earlier suit.