Civil Procedure Code, 1908, Section 11 -- Res judicata - Execution proceedings - Principles of res judicata are not applicable to execution proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Must be pleaded and proved in a specific manner - This may even require production of two plaints on which plea of res judicata is based - There are several defences available to a party when faced with a plea of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Since an adjudication of plea of res judicata requires consideration of pleadings, issues and decision in the previous suit as such plea of res judicata is beyond the scope of O.7.R.11 CPC where only averments in the plaint have to be perused...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Even in a pending suit if similar nature of petition is being filed, which has already been decided earlier, principle of res judicata is attracted...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Reason given for not filing written statement in time is that lawyer was not well - However, no supporting documents have been brought before Court - More so, earlier applications filed to accept written statements were dismissed and court below rightly held that application is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiffs were parties to earlier suit involving same subject matter - Concurrent findings of Courts below that suit being barred by res judicata is proper...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds of res judicata and cause of action would be decided after evidence of parties - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - For application of principle of res judicata, there must be an adjudication of an issue in a suit by a Court of competent jurisdiction...........
