Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Divorce petition - In matrimonial matters, rigours of doctrine of res judicata and principle of O.2.R.2 CPC have to be viewed more liberally than in other civil disputes...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of divorce petition - Barred by Res judicata - First divorce petition filed by husband was dismissed as withdrawn when he was facing criminal trial - It is only after acquittal husband filed second divorce petition on subsequent event - Though there is a false statement in pleadings that first divorce..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 10, 23, Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Gift deed by senior citizen - Cancellation - Res judicata - Bar of O.2.R.2 CPC - In an earlier application, gift deeds were not cancelled, but alternatively shelter was provided by Tribunal..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of suit due to defect in framing of suit, defect in conduct of suit, failure to address a defect or lack of territorial or pecuniary jurisdiction cannot be brought under purview of S.11 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When there is dispute regarding identity of property and same was adjudicated by a competent Court, it would fall within mischief of S.11 CPC, as adjudication rendered on question of identity of property would be a matter directly and substantially in issue in suit...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Non-identification of a property by employing a surveyor or wrong identification of property by surveyor employed would not fall within mischief of S.11 CPC - Dismissal of suit on that ground will not constitute any adjudication on any matter directly and substantially in issue in that suit and as such same will not..........
Civil Procedure Code, 1908, Section 11, Delhi Rent Control Act, 1958, Section 14(1)(b) -- Subsequent eviction suit - Finding in earlier suit for injunction - Whether operate as res-judicata - No doubt finding was rendered in a suit for injunction between same parties after proper contest and evidence - However, neither party challenged the judgment therefore, same cannot..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can only be rejected if it squarely falls within ambit and four corners of O.7.R.11 CPC and not otherwise...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleadings and documents on which defendant is relying may be a good ground for defence, but they are not a part of plaint averments nor filed along with plaint, hence same could not be considered...........
