Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced Muslim wife - Earlier maintenance application of wife disposed of by treating same under provision of S.3 of Muslim Women Act - Claim of wife u/s 125 Cr.P.C was not decided in an earlier application, nor any maintenance beyond period of iddat was granted nor fair and reasonable provision was made towards..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Question of res judicata may be considered at the stage of deciding application U.O.7.R.11 CPC, if evidence is not required...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Land in dispute is same in both previous and subsequent suit - Cause of action is also same - Previous suit was dismissed after taking evidence U.O.9.R.8 CPC, therefore, second suit is not tenable and plaint liable be rejected - Plaint rejected...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Plaintiff and defendant were co-defendants in earlier suit and were on same side of fence and had contested the suit - There was no conflict of interest inter se between them - In such circumstances principle of res judicata cannot be applied - Suit of plaintiff not barred by res judicata...........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 27 -- Dismissal of suit for possession - Non-joinder of parties - Bar of second suit on principal of res judicata - Matter in issue, if it is one purely of fact, decided in the earlier proceedings by a competent Court, must in a subsequent litigation between the same parties be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Three separate suits were filed by plaintiff for declaration of title and permanent injunction against defendants including State - First two suits were dismissed and plaintiffs filed appeal in both the suits - Issue of title thus, not attained finality - Findings recorded in first and second suit will not operate as..........
