Civil Procedure Code, 1908, Section 11 -- Res judicata - Where executing Court has given findings on an application which was not at all maintainable, findings affecting applicant's interest do not operate as res judicata in subsequent suit that they may initiate...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Bar of res judicata - Issue of res judicata cannot be decided in an application U.O.7.R.11 CPC, as adjudication on the issue involves consideration of pleadings in earlier suit, judgment of trial Court and Judgment of Appellate Courts...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata as embedded u/s 11 CPC would apply not only to party to lis but also those who are litigating under them or any of them...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where earlier suit was decreed on the basis of compromise between parties and not on merit, principle of res judicata was inapplicable...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Earlier application filed U.O.7.R.11 CPC was dismissed - Subsequent application filed U.O.7.R.11 CPC rightly not maintainable being barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata/constructive res judicata is applicable in the same proceeding during pendency of suit at successive stages...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of former suit on the ground of disappearance of cause of action cannot be operate as res judicata in subsequent suit, as judgment passed in former suit was not on merits...........
Civil Procedure Code, 1908, Section 11, Order 6, Rule 17 -- Second application for amendment - Res judicata - Second application for amendment containing same relief which was proposed in first application, is barred by principle of res judicata...........
Evidence Act, 1872, Section 6, Indian Penal Code, 1860, Section 302 -- Res gestae - Murder - Prosecution alleged that PW7 was first person who reached the spot - However, PW7 turned hostile before Court and stated that she was not there on the spot at the time of occurrence and when she reached there deceased had already died - Evidence of PW7 not reliable...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Earlier suit was filed for partition of immoveable properties of deceased - Present suit filed for partition in respect of FDs made in various banks and Financial institution - Claims in both the suits are distinct - Suit neither hit by res judicata nor barred U.O.2.R.2 CPC...........
