Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in question substantially in issue in the previous suit - Competency of earlier Court in deciding the issue not questioned and the parties in the lis are the same - Held, decision of former Court shall definitely operate as res-judicata against all subsequent proceedings including the proceeding before..........
Civil Procedure Code, 1908, Section 11, 47 -- Res judicata - It is applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11, 47 -- Execution - Objections - Res judicata - JDs cannot be allowed to raise objections as to method of execution in instalments...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Court while rejecting application u/s 10 CPC has not ascertained as to whether final decision to be reached in previously instituted suit would operate res judicata in subsequent suit - More so, conditions underlying S.10 CPC requiring strict adherence even not considered by Court below - Impugned order of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 26, 29 -- Declining of stay of execution - Does not operate as res judicata only because S.11 Explanation VII CPC is applicable to execution as well...........
Practice and procedure -- Res judicata and doctrine of finality - Letters Patent Appeal which is in continuation of a writ petition cannot be filed collaterally to set aside judgment of same High Court rendered in an earlier round of litigation ignoring principles of res judicata and doctrine of finality...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond scope of O.7.R.11(d) CPC, where only statements in plaint have to be perused...........
