Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for injunction claiming to be in possession under the mortgage and suit was dismissed on the ground that mortgage was not true - Second suit filed for specific performance where one of the items of consideration is the mortgage itself - Held, finding regarding validity of mortgage and claim of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question of title was directly and substantially in issue, for grant of injunction, in previous suit - Decision therein bars the defendants from agitating the question of title...........
Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Declaration on ground of adverse possession declined but relief of injunction granted - Relief of injunction not challenged, hence finding became final - Finding of High Court in second appeal that plaintiff is not entitled to injunction were unnecessary and beyond the scope of appeal - Possession..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Suit for declaration of title and injunction - Predecessors-i, interest of plaintiffs had all along fought earlier cases in Courts of competent jurisdiction in respect of suit lands for Nongspung clan - Held, subsequent suit raising same issues bared by res judicata and..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Ground of res judicata - Suit for declaration of title and perpetual injunction - Defendant sought rejection of plaint on ground of res judicata as the question of title to suit property was decided in an earlier suit - Apart from res judicata not being a ground for rejection of plaint even..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of - There is no discussion or finding with regard to title of parties to schedule property, which is subject matter in present suits, either substantially or incidentally - Held, it cannot be said that since Court in earlier suit had considered all documents marked on behalf of plaintiffs in present..........
Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Injunction - Earlier also a similar suit was filed - Earlier suit was dismissed as withdrawn as defendant in the written statement stated that he will not interfere and would not raise any construction over the suit land - Plea that present suit is barred U.O.2.R.2, O.23.R.1 &..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Suit for injunction - Dismissed - No bar to file a suit for recovery of possession unless the question of title was raised for consideration and after trial a finding was arrived at by the Court in the earlier suit that plaintiff had no title to the property - If the earlier suit was dismissed on the ground of the..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1,2, Delhi Rent Control Act, 1958, Section 14(1)(a) -- Eviction - Temporary injunction - Res judicata - Eviction order against tenant - Appellant filed application U.O.39.Rr.1, 2 CPC to obtain stay of execution proceedings with respect to eviction order passed against him - Objections filed by person through whom..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Second suit for declaration of title and injunction - Difference in area of land - Held, principle of res judicata has to be applied on the basis of issues decided between parties by proper adjudication by a competent Court - Difference in area of land is not material as the issues in instant case was directly and..........
