Civil Procedure Code, 1908, Section 10 -- Object - Not only to avoid multiplicity of proceedings but to avoid vexatious prosecution of a litigant while unnecessarily participating in the proceedings which was already concluded by the earlier judgment - Possibility of judgment in previous suit acting as res judicata in later suit cannot be ruled out - Stay granted...........
Service -- Termination - Second writ petition - Res judicata - Earlier writ petition against order of termination was dismissed and order of termination upheld and dispute attained finality - High Court ought not to have entertained second round of proceedings instituted nearly 15 years after the challenge to order of termination attained finality by dismissal of writ..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in question substantially in issue in the previous suit - Competency of earlier Court in deciding the issue not questioned and the parties in the lis are the same - Held, decision of former Court shall definitely operate as res-judicata against all subsequent proceedings including the proceeding before..........
Civil Procedure Code, 1908, Section 11, 47 -- Res judicata - It is applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 25, 11 -- Second application for transfer of proceedings under Hindu Marriage Act - Change of circumstances - Dismissal of petition for transfer does not operate as res judicata when a fresh petition is filed on change of circumstances - However, petitioner has to satisfy Court that there are change of circumstances and that there are..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - There can be no applicability of principle of res judicata when orders of Criminal Courts are pitted against proceedings in civil Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Parties cannot be allowed to re-agitate and/or prove or disprove fact in two different proceedings...........
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 - Issue regarding inter se share between parties already decided by civil Court decrees, which attained finality, as they were never challenged - Same issue taken in consolidation proceedings - DDC thus, rightly held that issue regarding share of parties was barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability to labour proceedings - Principle of res judicata applies to labour/industrial proceedings...........
