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ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 1, Rule 10-- Impleading a party - Death of tenant - Widow of tenant impleaded - Widow filed application for impleadment of his son and two daughters - Application dismissed - Thereafter son and two daughters of deceased tenant seeking impleadment as according to them they have inherited the tenancy rights -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier eviction petition filed by landlady only for residential purposes of her son, was dismissed on the ground that no, residential building cannot be allowed to be vacated for residential purposes - However, subsequent eviction petition filed by landlady not only for her son but..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - When written statement is filed and issues are also framed, question whether principle of res judicata is attracted or not, can be a question to be decided on merits in suit and not merely on the basis of bare perusal of averment in plaint in the suit...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11- - Res judicata - Dismissal of proceedings by an authority not on merits but on account of some formal defect would not attract the principles of res judicata...........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 13-- Constructive res judicata - Application U.O.9.R.13 CPC - Earlier two applications U.O.9.R.13 CPC were not entertained on merits on account of failure to comply with the mandate of S.17 of Provincial Small Cause Courts Act - In absence of any adjudication on merits, rejection of earlier two..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Trial -- When an order is nullity, it is axiomatic that it cannot be supported by invoking procedural principles like estoppel, waiver or res judicata - Moreover, res judicata is a rule of estoppel and it applies to only civil proceedings - Res judicata or constructive res judicata is alien to criminal..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Three suits for declaration filed in respect of same land - Two suits of respondents decreed and such decree attained finality as petitioner failed to prefer any appeal against the same - However, suit of petitioner dismissed and an appeal filed against the same - Since decree in..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Eviction petition - In earlier petition issue was as to bona fide requirement - In civil suit issue was as to whether tenancy rights are inherited for limited period or not - Issue involved in subsequent suit was not directly or substantially the same as in the earlier petition -..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Doctrine is based on public interest - Object of S.11 CPC is to confer a finality to a former decision arrived at by the competent Court between the same parties - Rule of conclusiveness of a judgment is contained u/s 11 CPC...........

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