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Nand Kishore vs. Smt. Sumitra

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Hindu Marriage Act, 1955–Sec. 13–Code of Civil Procedure, 1908–Sec. 11–Applicability of res-judicata in divorce proceedings–Events pleaded in the subsequent application pertains to period subsequent to rejection of first application–Subsequent application is based on totally different facts pertaining to desertion and as such the issue is not directly and substantially same as adjudicated in earlier application–Held, family Court committed error in allowing the application under Order 7, Rule 11.