Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata is a mixed question of law and fact and same can be adjudicated only after considering evidence brought on record by parties - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Withdrawal of writ petition filed in High Court without permission to file a fresh writ petition may not amount to res judicata - However, remedy u/art 226 of Constitution should be deemed to have been abandoned by petitioner in respect of cause of action relied on writ petition when he withdraws without such..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration filed by plaintiffs at the time when cause of action to seek specific performance had not materialized in their favour, cannot defeat their subsequent suit applying principle of constructive res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is not applicable where earlier suit is still pending and Court has not decided the said suit...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is applicable not only between plaintiff and defendants but also between co-defendants...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - In applying the principle of res judicata between co-defendants, primarily three conditions are necessary to be fulfilled namely: (a) there must be a conflict of interest between co-defendants; (b) there is necessity to decide the said conflict in order to give relief to plaintiff; and (iii) there is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier title suit dismissed without adjudication of any rights of plaintiff over suit land vis-a-vis cantonment Board - Issue in present title suit was neither directly or indirectly in issue in the previous suit and there was no conflict of interest between co-defendants in the previous suit, which if any, never..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaint cannot be rejected on a plea of res judicata raised by defendants because adjudication of plea of res judicata requires consideration of pleadings, issues and the decision in the previous suit, which cannot be done in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Power of Court qua review jurisdiction is no longer res judicata...........
