Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Plaintiff and defendant were co-defendants in earlier suit and were on same side of fence and had contested the suit - There was no conflict of interest inter se between them - In such circumstances principle of res judicata cannot be applied - Suit of plaintiff not barred by res judicata...........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first and second suit will not operate as..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Pleadings of an earlier suit is essential and was required to be furnished in order to ascertain fact as to whether suit suffers from doctrine of res judicata - In absence of proof of pleadings of earlier suit, question of res judicata cannot be accepted...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Merely furnishing copy of judgments passed in an earlier suit would not be sufficient by itself to ascertain issue as to res judicata, as question of res judicata is to be determined by referring to pleadings, issues and judgment and decree of entire suit alone would not be sufficient to decide said issue...........
Civil Procedure Code, 1908, Section 11, 96, Jammu and Kashmir Arbitration and Conciliation Act, 1997, Section 9, 37 -- Res judicata - Official respondents after extending contract with respondent no.1 i.e. fertilizer manufacturing companies cancelled further contract - Court gave order for renewing the contract - No adjudication has taken place on the merits - Earlier..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Res judicata - Counter Claim - Suit and Counter claim has been decided by common judgment and composite decree has been prepared - Since two appeals are not filed against the judgment and decree by trial court, appeal was liable to be dismissed by invoking principles of res..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 - - Res judicata - Title of suit is already decided between parties in earlier suit - Present suit is thus, barred by res judicata - Even otherwise, suit is filed against dead person which is nullity - Plaint rejected...........
