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...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit raises an issue which is different from that contained in earlier suit filed by same party - More so, earlier suit declared valid a transaction which is prohibited by law - Such erroneous earlier judgment cannot operate as res judicata...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Sine qua non for invoking O.2.R.2(2) CPC is that relief which plaintiff claimed in second suit was also available to plaintiff for being claimed in previous suit on cause of action pleaded in previous suit against defendant and yet not claimed by plaintiff...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Where one tenth court fee due at the stage of institution of suit was paid and plaintiff thereafter faced a situation where he claimed from payment of balance court fee, it is sufficient that plaintiff filed an interlocutory application with an affidavit supporting such application and containing the..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter of both the suits not required to be identical, as per S.10 CPC - However, even if cause of action in subsequent suit is substantially similar, then subsequent suit is required to be stayed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Fate of subsequent suit for eviction is depended on fate of earlier suit for specific performance - If defendant succeeds in his suit for specific performance and decree is executed he would become owner of suit property - In such event, defendant would not be entitled to get decree in suit for eviction -..........
Agreement to sell -- Subsequent agreement to sell in favour of defendant No.1 - Proper course for plaintiff is u/s 19(b) of Specific Relief Act and not by way of separate suit to declare subsequent agreement as null and void. (Specific Relief Act, 1963, S.19(b)...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - A suit instituted prior in point of time cannot be stayed in application u/s 10 CPC and what can be stayed is subsequent suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Said events occurred after filing of suit and already on record in chief examination of PW1, who already cross-examined by defendants - It cannot be said that these subsequent events cannot be brought on record by way of amendment, particularly, when no prejudice is caused to..........
