Civil Procedure Code, 1908, Section 11 -- Resjudicata - Decree for possession passed in the earlier suit - Another suit regarding same subject matter - Sec. 11 of the Code is a substantive law which bars the filing of subsequent suit on a plea which was available to the party in the previous suit...........
Possession -- Plea of adverse possession negated in the previous suit - Possession of defendants held to be that of a co-sharer - Question as to whether present suit for possession on basis of title is to be filed within 12 years of asserting adverse possession in the previous suit - Held, No - Mere assertion of adverse possession is not sufficient to confer title - Once..........
Adverse Possession -- Once the plea of adverse possession declined in the previous suit, it cannot be raised in the subsequent suit between the parties...........
Limitation Act, 1963, Article 65 -- Adverse possession - Plea of adverse possession negated in the earlier suit - In subsequent suit for possession on the basis of title, the defedant cannot be permitted to raise plea of adverse possession - Courts below erred in holding that the suit for possession had to be filed within 12 years in view of the assertion of defedant in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - In a suit for specific performance of contract only the vendor and vendee or lesser or lessee as the case may be are necessary and proper parties - Third party can only be impleaded if due to subsequent event the third party gets vested right in the suit property...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Specific performance - Filing of suit during pendency of suit for permanent injunction - When suit for injunction filed cause of action for filing suit for specific performance was not available to plaintiff - Cause of action in a suit for permanent injunction is different than the one in a suit for..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of - Conditions required for applicability of the principle of res judicata are : (i) the matter directly and substantially in issue in the subsequent suit or issue must be the same matter which was directly and substantially in issue either actually or constructively in the former suit, (ii) the former..........
Civil Procedure Code, 1908, Section 11 -- Suit dismissed - Issue decided against plaintiff - Observations made while deciding the issue, not relevant in subsequent proceedings...........
Agreement to sell -- Specific performance - Subsequently defendant entered into agreement to sell, a part of the suit land, in favour of third party which was ante dated - Subsequent purchaser filed a civil suit which was not defendant by defendant and that suit was decreed exparte and in pursuance thereof sale deed was executed by trial Court - All these events happened..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Suit for declaration that land in question joint Hindu Corparcenary property - Earliar suit filled challenging the sale deed executed by father and for declaration to the effect that land is a joint Hindu Corparcenary property - Suit withdrawn -Subsequent suit challenging Will by father and declaration that land is joint..........
