Principle

CIVIL PROCEDURE — Res Judicata — Distinction Between Dismissal After Evidence and Dismissal for Want of Prosecution

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Dismissal after incoherent evidence may be a decision on the merits, but dismissal for non-prosecution is not. Some dismissals are treated as mere striking out where finality is not intended. The principle applies to civil procedure. The rule distinguishes between substantive dismissals (res judicata) and…

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