The 2022 CLC 608 scenario illustrates that the theory of res judicata relates to orders that have attained finality and cannot be re-litigated. The technique for dismissal below could well be to prove which the matter has now been adjudicated and is particularly thus barred by res judicata.
Emphasising the civil nature from the underlying transaction along with the existence of a pending civil go well with might assist while in the dismissal of the parallel claim for the declaration and permanent injunction.
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Challenging Proof: Questioning the standard, authenticity, and relevance of the plaintiff’s proof can undermine their situation.
To dismiss a suit for declaration and permanent injunction, a person could target undermining the plaintiff’s proof of title and possession and current incontrovertible proof on the contrary.
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