Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Matter has to be directly or substantially in issue in a former suit between the same parties or between the parties under whom they claim - Four conditions to be followed are (1) There must be a conflict of interest between the defendants concerned (2) It must be necessary to decide the conflict in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - For applicability four conditions to be fulfilled - (1) there must be a conflict of interest between the defendants concerned; (2) it must be necessary to decide the conflict in order to give the reliefs which the plaintiff claims; (3) the question between the defendants must have been finally..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Statutory tenant - Civil suit for protection of his peaceful possession - Suit is maintainable...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Failure to comply with the order of the Court - Striking off defence - Where the party fails to comply with the order to answer interrogatories, or for discovery or for inspection of documents, order for striking off the defence or dismissing the suit can be passed only on an application made by the other party and not suo..........
Civil Procedure Code, 1908, Section 80, 11 -- Suit against Govt. without issuing notice u/s.80 - Suit held not maintainable for want of notice but other issues decided on merit - Court having no jurisdiction to proceed with the suit was bound to reject the plaint - Subsequent suit between same parties seeking similar relief not barred by principle of res judicata...........
Civil Procedure Code, 1908, Order 5, Rule 11, 15 -- Service on son of defendant -Only if son is member of Joint Family or defendant is found absent from house to receive notice or that there is no likelihood of defendant being found at his residence within a reasonable time and he has no agent duly empowered to receive notice - In absence of a finding to this effect..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Provision cannot be given wider meaning than what is intended - There is a clear distinction in rejection of the plaint and holding on merits plaintiff not entitled to any relief...........
Civil Procedure Code, 1908, Order 33, Rule 11 -- Plaintiff dispaupered - Court shall order him to pay Court fee - No further proceedings in suit can be taken unless deficiency in Court fee is made good...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11 -- The provisions of rules 10 & 11 of Order 7 CPC come into play at any stage of the suit right from the presentation of plaint and even after the filing of the written statement - It is also open for the court to entertain application U.O.7 R.11 from the defendant before they file their written statement...........
Civil Procedure Code, 1908, Order 14, Rule 2(2), Civil Procedure Code, 1908, Order 7, Rule 11 -- Non disclosure of cause of action - Issue cannot be framed as a preliminary issue...........
