Showing : 1-10 of 10 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Provision of O.2.R.2 comes into play only when both suits are based on the same cause of action and plaintiff failed to seek all the reliefs based on or arising from the cause of action in the first suit without leave of Court - While considering whether second suit is barred by O.2.R.2 all that..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Constructive res judicata - Plaintiff who is sought to be prevented by the bar of constructive res judicata should have notice about the plea and have an opportunity to put forth his contentions against the same...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11-- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 9-- Civil suit cannot be dismissed without trial except : (a) Rejection of plaint U.O.7.R.11 CPC; (b) Dismissal of suit U.O.9.Rr.2, 3, 5 or 8 CPC; (c) Dismissal of suit U.O.11.R.21 CPC; (d) Dismissal of suit U.O.14.R.2 CPC; (e) Dismissal of suit U.O.15.R.1 CPC; (f) Dismissal of suit U.O.15.R.1 CPC;..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 37, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 15, Rule 3, Civil Procedure Code, 1908, Order 5, Rule 5-- Summary suits - Expeditious disposal of summary suits is provided in O.5.R.5, O.15.R.3 & O.37.Rr.1, 2 & 3 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 14, Rule 1, 2-- Issues of fact cannot be decided merely on pleadings and documents produced without a trial...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 15, Rule 3-- Where summons have been issued for settlement of issues and where issues have been settled, unless the parties agree, the Court cannot deny the right of parties to lead evidence - To render a final decision by denying such opportunity would be highhanded, arbitrary and illegal...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Suit cannot be dismissed as barred U.O.2.R.2 CPC in the absence of a plea by the defendant to that effect and in the absence of an issue thereon...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Object - Two fold - First is to ensure that no defendant is sued and vexed twice in regard to the same cause of action - Second is to prevent a plaintiff from splitting of claims and remedies based on the same cause of action...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Plea of res judicata does not include a plea of bar under O.2.R.2 CPC - Res judicata relates to the plaintiff's duty to put forth all the grounds of attack in support of his claim whereas O.2.R.2 CPC requires plaintiff to claim all reliefs flowing from the same cause of action in a single suit -..........

Showing : 1-10 of 10 Results