Showing : 181-190 of 819 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Bar of subsequent suit - Neither reliefs claimed in two suits were identical, nor parties are same - Moreover, decision in earlier suit was not on merits - It cannot be held on singular facts and circumstances that subsequent suit is barred by res judicata...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Only plaint averments are to be looked into and if without any doubt or dispute, the suit is barred by any law in force, then alone such an application can succeed - Disputed questions cannot be adjudicated at the time of consideration of application U.O.7.R.11 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........
MADHYA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11-- Restoration of suit dismissed U.O.7.R.11 CPC - Application u/s 151 CPC for restoration of suit is maintainable even though rejection of plaint amounts to a decree, which is appealable...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d)-- Rejection of plaint - Res judicata - Cause of action for filing suit different - Grounds urged in suit also quite different - Even if plaint is read keeping in mind the cleverness and deftness in drafting, yet it is not prima facie discernible from the plaint that it lacks any cause of action or..........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Court can reject plaint at any stage of proceedings if it finds that conditions under Rule 11 exist - Even application by a party is not necessary...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - Suit for declaration - Subject matter of present suit is identical to earlier suit, between same litigating parties - Matter finally decided between parties by Court of competent jurisdiction - Issue involved in the subsequent suit was directly and substantially involved in earlier..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that..........
CHHATTISGARH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11- - Constructive res judicata - If an issue is decided against any party at an earlier stage of litigation, Court would not allow him to re-agitiate the same issue again at a subsequent stage of same proceedings in view of principle of constructive res judicata...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 33, Rule 1, 5, 7-- Rejection of plaint - Order allowing to sue as indigent person - Remedy is available to defendant to challenge the order - Order allowing to sue as indigent person cannot be agitated by filing an application U.O.7.R.11 CPC that report obtained from Collector is not correct on the basis of which..........

Showing : 181-190 of 819 Results