Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata can only be examined after detailed examination of pleadings of parties in earlier suit and after perusing all relevant documents filed by parties, which is impossible at the stage of deciding defendant's application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata are not rigidly applicable to interlocutory orders which are dependent on subsequent events ...........
Civil Procedure Code, 1908, Section 11, 47, Order 21, Rule 97 -- Execution - Objections - Plea of fraud raised by defendants was available to them during trial and was in fact raised in objections during first execution - Said objections were dismissed - Permitting JDs to raise the same plea again in a second execution would violate the principle of finality of litigation..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Subsequent suit instituted relates to same subject matter and dispute which was subject matter in earlier suit - Earlier suit had proceeded ex parte against predecessor-in-interest - Since subject matter in subsequent suit was the same as earlier suit which was been decreed - Subsequent suit is barred by res..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Misdescription of property - It is a fundamental defect rendering suit not maintainable - Court cannot enter into merits of case after holding of misdescription of property - First Appellate Court rightly held that observations of trial Court regarding title and possession of either of the parties would not operate as res..........
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...........
Protection of Children from Sexual Offences Act, 2012, Section 10, 6 -- Aggravated sexual assault - PW1 is eye witness and res-gestae witness - Therefore, evidence of PW1 is sufficient for case of prosecution - PW1 has stated that when she entered the house, she had seen accused laying on victim child - But, at that moment she could not have noticed specifically that..........
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...........
