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Subject_1 Process Subject_2 Reduction Subject_3 Res noviter veniens ad notitiam Subject_4 Documentum noviter repertum — Res judicata.
Held ( diss . Lord Skerrington) that in view of the importance of the back letter by B to A and of the explanation of the cause why the document had not been produced in the previous action, the averments as amended were relevant as a condescendence of res noviter and proof allowed.
Lockyer v. Ferryman , 1877, 4 R. (H.L.) 32 , 2 App. Cas. 519 , and Mackintosh's Trustee v. Stewart's Trustees , 1906, 8 F. 467 , 43 S.L.R. 363 , followed .
The pursuer pleaded, inter alia —plea-inlaw 1 ( a ) shown in italics being added by amendment when the case was in the Inner House—“1. The said pretended interlocutors or decrees having been obtained by fraud as condescended on should be reduced as concluded for. 1 ( a ). The back letter quoted in article 10 hereof being a documentum noviter repertum, and the pursuer having become aware of its existence under circumstances which constitute res noviter veniens ad notitiam, decree of reduction should be pronounced as concluded for .”
The Lord Ordinary ( Blackburn ) sustained the first plea-in-law for the defender Blackwood and dismissed the action.
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