Civil Procedure Code, 1908, Section 11, 60 - - Benefit conferred by provisions of Section 60(1)(ccc) - Cannot be voluntarily or otherwise parted with - Principles of res judicata not applicable to exemption under Section 60(1)(ccc) - Second application against execution raising objection that house attached being main residential house exempt from attachment in spite of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Second application - Barred by principles of constructive res judicata - Earlier application under Section 7 dismissed by Assistant Collector First Grade holding petitioner to be tenant of land and not in wrongful or unauthorised possession - Second application (after 9 years) under Section 7 for ejectment -..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3 -- Consent decree - Does not operate as res judicata including constructive res judicata - Effective estoppel between the parties as a judgment rendered by Court in a contested matter...........
Civil Procedure Code, 1908, Section 47, 11 -- All objections to the executability of decree to be taken at one and the same time at appropriate stage and if he does not do so he is precluded from raising fresh objection in a piece - Meal manner at a subsequent stage even in the same execution proceedings - Principles of constructive res-judicata apply...........
Civil Procedure Code, 1908, Section 11 -- Plea not raised but could have been raised - After dismissal of petition the subsequent suit raising that plea is barred by the principle of constructive res-judicata...........
Civil Procedure Code, 1908, Section 11 -- Constructive res-judicata - Write petition withdrawn without decision on merits-Subsequent similar writ petition not barred by constructive res-judicata...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 92(3) -- Sale in execution contrary to provisions of S.22(3) of Orissa Land Reforms Act - No objection by J.D. and no application for setting aside sale - Suit for declaration of title barred as constructive res-judicata applies...........
Civil Procedure Code, 1908, Section 11 -- Constructive Res-judicata - Ex-parte decree - Constructive res-judicata applies...........
Civil Procedure Code, 1908, Section 11 -- Constructive res-judicata - Executability of decree - Objection not taken in former execution proceeding - Operates res-judicata in subsequent proceedings...........
Civil Procedure Code, 1908, Section 11 -- Constructive res-judicata - Suit against father and sons forming J.H.F. dismissed against sons - Suit decreed against father - Execution against sons on the plea of pious obligation to pay - Plea not raised in suit - Plea barred by constructive res-judicata in execution proceedings...........
