Code of Civil Procedure, 1908–Sec. 11–Res judicata–Applicability in second proceeding–If the period for filing an appeal has not yet expired or has just expired, the Court hearing the second proceedings convey well ask the party who has lost the first round whether he intends to appeal the aforesaid judgment–If the answer is yes then it would be prudent to first adjourn the second proceeding and then stay the aforesaid proceeding, after the appeal has been filed, to await the outcome of appeal in the first proceeding–However, if a sufficiently long period has elapsed after limitation has expired, and no appeal has yet been filed in the first proceedings the Court hearing the second proceeding would be justified in treating the first proceeding as res judicata.
