Showing : 1-10 of 25 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Suit for partial partition dismissed - Subsequent suit seeking separate possession by way of partition - Not barred by res-judicata or O.2.R.2 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata - When cause of action in second suit is not entirely same as in first suit but the basic cause of action is same, then second suit is barred by res judicata...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar U.O.2.R.2 CPC - Res judicata - When the reliefs sought under different special Acts are different and when cause of actions are also different then concept of res judicata and provisions of O.2.R.2 CPC do not apply...........
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..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar of subsequent suit - Res judicata - Relief when not legally available in previous suit, as it could not have been claimed, such relief can be claimed in subsequent suit...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- Bar of subsequent suit - Partition suit - Only because plaintiff was also party defendant in a suit previously filed by defendant No.2 it cannot be said that there is bar of provision of O.2.R.2 CPC against plaintiff - It is not open to plaintiff to file suit for partition in respect of movable..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Rejection of plaint - Findings with regard to res judicata and O.2.R.2 CPC can only be recorded after taking into consideration the pleadings and evidence that may be led by the respective parties - Dismissal of application for rejection of plaint, upheld...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2013
Details
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2-- Res judicata - Applicability - Writ petition - Person invoking writ jurisdiction himself admitted that he had earlier filed suit which was withdrawn - Invoking writ jurisdiction of Court for same cause of action - Held, barred by principle of res judicata...........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, 34, Order 2, Rule 2-- Subsequent proceeding for claim for interest - Res judicata - Applicability - Held, if in an earlier proceeding instituted under the Special Act which does not provide for a relief claimed in a subsequent proceeding, the subsequent proceeding cannot fail under the provisions of O.2.R.2 of the..........

Showing : 1-10 of 25 Results