Civil Procedure Code, 1908, Section 11, Provincial Small Causes Courts Act, 1887, Section 23 -- Res judicata - Suit instituted by landlord against tenant on the basis of contract of tenancy in Small Cause Court - A question of title could also incidentally be gone into - Held, any finding recorded by a Judge, Small Cause in this behalf cannot operate as res judicata in a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non disclosure of cause of action - Suit for declaration that sale deeds are bogus and unauthorized and be quashed - Except for using words `collusion' and `fraud' again and again in the plaint, no details have been given regarding the manner and the circumstances under which fraud was perpetuated -..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest pendente lite - Grant of - Money decree - Applicability of S.34 - Held, S.34 of the Code applies to simple money decree and payment of interest in such suits - Whereas O.34.R.11 deals with mortgage suit and payment of interest...........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Petitioner took loan from respondent corporation by creating equitable mortgage - Respondent corporation filed recovery suit - Held, S.34 CPC will not apply, as it is a suit based on mortgage - It is O.34.R.11 which applies which provides that interest at the agreed rate can be allowed upto the date on or before..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Plea of res judicata does not include a plea of bar under O.2.R.2 CPC - Res judicata relates to the plaintiff's duty to put forth all the grounds of attack in support of his claim whereas O.2.R.2 CPC requires plaintiff to claim all reliefs flowing from the same cause of action in a single suit - Two pleas are..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Plaintiff who is sought to be prevented by the bar of constructive res judicata should have notice about the plea and have an opportunity to put forth his contentions against the same...........
Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Representation of the Peoples Act, 1951, Section 86(1), 83(1)(a)(b), Civil Procedure Code, 1908, Order 7, Rule 11 -- Election petition on the grounds of corrupt practice containing allegation that respondent secured posting of officials of his choice to brighten his election prospect and officials of district administration including Superintendent of Police along with..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title - Decided by Rent Controller when operates as res judicata in a subsequent suit for declaration - Held, when issue of title was directly and substantially in issue between the parties in the earlier suit for eviction then finding as to question of title in the earlier suit for eviction would operate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre mature suit - Court shall not exercise its discretion in favour of decreeing a premature suit in the following cases : (i) when there is a mandatory bar created by a statute which disables the plaintiff from filing the suit on or before a particular date or the occurrence of a particular event; (ii) when the institution..........
