Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Rejection of plaint - Findings with regard to res judicata and O.2.R.2 CPC can only be recorded after taking into consideration the pleadings and evidence that may be led by the respective parties - Dismissal of application for rejection of plaint, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Stand of plaintiffs that they were not parties to earlier litigation nor prayer for declaration was made at that stage - Held, plaint cannot be rejected - However, in case some issues are involved which are required to be treated as preliminary issues, parties can make a prayer in that..........
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...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Principle of res judicata is applicable to an application U.O.7.R.11 CPC - When petitioners have already moved application for the same relief which was dismissed, then he cannot claim the same very relief twice...........
Civil Procedure Code, 1908, Section 11, 9 -- Res judicata - Proceedings initiated in Consumer Fora - Not a bar to civil suit even when parties are same, cause of action is same and relief claimed is same - Civil suit is not barred by principle of res judicata even when proceedings initiated in Consumer Fora attained finality...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Object - Principle of res judicata, envisages that a judgment of a court of concurrent jurisdiction directly a point would create a bar as regards a plea, between the same parties in some other suit in another court, where the said plea is sought to be raised afresh on the same very point that was determined in the..........
Evidence Act, 1872, Section 6 -- Res gestae - Murder case - PW7 reached the place of occurrence just after the incident and saw deceased lying - She also testified injuries of deceased and presence of appellants - PW's spontaneous reaction to a fact is admissible as per S.6 of Act and evidence of PW7 also corroborates evidence of eye witnesses...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - FIR lodged without any delay - Eye witnesses categorically support prosecution evidence - Even all PWs have supported prosecution story - Evidence of PW7 is relevant in the light of principle of res gestae - Ocular evidence corroborated by medical evidence - Recovery of weapon which found to be blood stained proved by..........
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..........
