Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by res judicata - An adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond the scope of O.7.R.11(d) CPC where only statements in plaint will have to be perused...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where the former suit is dismissed by the trial court for want of jurisdiction, or for default of the plaintiff's appearance, or on the ground of non-joinder or mis-joinder of parties or multifariousness, or on the ground that the suit was badly framed, or on the ground of a technical mistake, or for failure on the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When the decision in former suit is not on merits, it would not be res judicata in a subsequent suit...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Proceedings under Land Revenue Code attained finality in the year 1991 and sale deed in question declared as fraudulent and benami in favour of plaintiff - However, question as to whether plaintiff was only ostensible owner and not beneficial owner could not have been gone into by Revenue Authorities - Since said..........
Criminal Trial -- Res judicata - There is no concept of res judicata in criminal jurisdiction...........
Criminal Procedure Code, 1973, Section 97, 362 -- Second application u/s 97 Cr.P.C - Barred by Res judicata - Wrongful confinement of child by father - Dispute between mother and father regarding custody of minor child which was forcibly taken by father - Whether such allegations are correct or not would depend on facts and circumstances of case, but if allegations..........
Civil Procedure Code, 1908, Section 11, Order 26, Rule 9 -- Appointment of second Commissioner - Res judicata - Where Court Commissioner fails to present before Court correct picture prevailing at the site, trial Court itself is empowered to appoint another Court commissioner and there is no question of attracting principle of res judicata...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issues - Issue of res judicata is a mixed issue of fact and law and it cannot be decided as a preliminary issue - It has to be decided on proper pleadings and evidence of parties...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce petition - Res judicata - Petition for dissolution of marriage on ground of cruelty, desertion and adultery is not precluded from suing again, on the same grounds, provided relief is founded on new facts...........
Civil Procedure Code, 1908, Order 33, Rule 5 -- Permission to sue as indigent person - Plaint not disclosing any cause of action and suit barred by res judicata - Trial Court rightly rejected application...........
