Civil Procedure Code, 1908, Section 11 -- Res-judicata - Rule of res-judicata is a rule of procedure and said rules of procedure are handmaids of justice...........
CBSE (Examination) Rules, Rule 69.2, Civil Procedure Code, 1908, Section 11 -- Change in date of birth - Two writ petitions - Issue involved in present writ petition was for the correction of date of birth, material particulars which were absent from the record of earlier writ petition - Order/judgment passed in earlier will not operate as res-judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata - It is a mixed question of law and fact, which can be decided after framing issues and after parties lead evidence - Plaint cannot be rejected on said issues...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Parties cannot be allowed to re-agitate and/or prove or disprove fact in two different proceedings...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consent decree - Principles of res judicata do not apply to a consent decree, as consent decree is not a decision of Court and S.11 CPC is thus, not attracted...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Earlier maintenance application of wife disposed of by treating same under provision of S.3 of Muslim Women Act - Claim of wife u/s 125 Cr.P.C was not decided in an earlier application, nor any maintenance beyond period of iddat was granted nor fair and reasonable provision was made towards..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Question of res judicata may be considered at the stage of deciding application U.O.7.R.11 CPC, if evidence is not required...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Land in dispute is same in both previous and subsequent suit - Cause of action is also same - Previous suit was dismissed after taking evidence U.O.9.R.8 CPC, therefore, second suit is not tenable and plaint liable be rejected - Plaint rejected...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of..........
