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2018 (3) TMI 1994 - SC - Indian LawsMaintainability of suit - auction sale - principles of res-judicata - owners entitled for possession of the suit property - Plaintiffs suit is hit by Section 11 of Code of Civil Procedure as contended in the written statement or not? - entitlement for compensatory costs - HELD THAT:- The Trial Court and High Court have applied the settled legal position in reference to the decisions of this Court as noticed by the High Court in the impugned judgment. The principle of res judicata as enshrined in Section 11 of Code of Civil Procedure, is founded on the maxim "Nemo Debet Bis Vexari Pro Una Et Eadem Causa". In a recent decision in the case of NAGABHUSHANAMMAL (D) BY LRS. VERSUS C. CHANDIKESWARALINGAM [2016 (2) TMI 1285 - SUPREME COURT] this Court observed thus The principle operates as a bar to try the same issue once over. It aims to prevent multiplicity of proceedings and accords finality to an issue, which directly and substantially had arisen in the former suit between the same parties or their privies and was decided and has become final, so that the parties are not vexed twice over; vexatious litigation is put an end to and valuable time of the court is saved. The principle of res judicata applies on all fours to the present case as has been rightly held by the Trial Court and affirmed by the High Court in the impugned judgment - Appeal dismissed.
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