Showing : 11-20 of 25 Results

BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata and bar of O.2.R.2 CPC - Difference between the two - The former enjoins duty on the plaintiff or defendant to ring forward all the grounds of attack in respect of his claim whereas later requires plaintiff to claim all reliefs flowing from the same cause of action - Principle of res..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 & S.11 CPC - Held,..........
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 -..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 2, Rule 2-- O.2.R.2 CPC is a species of the doctrine of res judicata and incorporates a salutary principle of law that where a party omits to sue on a claim or for a relief, it shall not thereafter, be permitted to sue for such claim or for such relief...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Abatement of suit - Subsequent suit is barred not only by res judicata but also U.O.2.R.2 CPC...........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata & rule embodied in O.2.R.2 CPC - Distinction - Former places emphasis on the plaintiffs duty to exhaust all available grounds in support of his claim while the latter requires the plaintiff to claim all reliefs emanating from the same cause of action...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 11, 92, Order 1, Rule 8, Civil Procedure Code, 1908, Order 2, Rule 2-- Res judicata - Suit in representative capacity - Binds not only the parties named in the suit but all those who share common interest - Subsequent suit by any other member of the entire body of interested person, reagitating the matter directly and substantially in issue in an earlier suit, is..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Res judicata & Principle underlying O.2.R.2 CPC - Distinction - The former places emphasis on the plaintiff's duty to exhaust all available grounds in support of his claim, while the latter requires the plaintiff to claim all reliefs emanating from the same cause of action...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Hindu Marriage Act, 1955, Section 13, 14, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2-- Earlier petition filed within one year of marriage - Pending permission of Court to file such a petition the same withdrawn - Subsequent petition - Not barred - Held, that dismissal of a suit as premature is not a decision on merits and does not operate as res judicata as it cannot be held that..........

Showing : 11-20 of 25 Results