Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce petition - Res judicata - Petition for dissolution of marriage on ground of cruelty, desertion and adultery is not precluded from suing again, on the same grounds, provided relief is founded on new facts...........
Civil Procedure Code, 1908, Order 33, Rule 5 -- Permission to sue as indigent person - Plaint not disclosing any cause of action and suit barred by res judicata - Trial Court rightly rejected application...........
Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata is attracted not only in separate proceedings but also at subsequent stage of same proceedings...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to same litigation and concerning the same issue if rendered by a Court of competent jurisdiction - Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to..........
Criminal Procedure Code, 1973, Section 125 -- Proceedings u/s 125 Cr.P.C - Findings recorded while deciding application u/s 125 Cr.P.C do not constitute res judicata...........
Criminal Procedure Code, 1973, Section 125 -- Second petition for maintenance - Maintenance granted earlier - Second petition is hit by principle of res judicata - In case there is change in circumstances the legal recourse available is u/s 127 Cr.P.C. - Case will be different if earlier petition is dismissed for non prosecution or otherwise...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
