Second suit for mortgage not barred either on principle of res judicata or under Order 2 Rule 2 CPC - Even if E.P. is not filed in execution of earlier decree or if it is time barred- second suit maintainable

Citation

AIR 2011 ANDHRA PRADESH 138

Second suit for mortgage not barred either on principle of res judicata or under Order 2 Rule 2 CPC.:- Till mortgage debt is discharged and rights are determined by parties or by Court decree, any number of suits can be filed, subject to period of limitation. – Gummuluru Sansyasinaidu and others v. State Bank of India, rep. by the Manager, Narsipatnam – 2011 (3) ALT 731. N.R.L. NAGESWARA RAO,j.