Principle

CIVIL PROCEDURE – Res Judicata – Effect of Prior Judgment in Fresh Action for Declaration Tied to a Plan

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A fresh action for declaration tied to a plan requires proving title anew. A prior judgment may be used as conclusive proof of ownership, but the plaintiff must show that the issue of title was conclusively determined between the same parties or predecessors. The defendant…

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