Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff when makes out a case within limitation by claiming relief of injunction on the plea that his possession was sought to be disturbed by the defendant, Court could not have rejected the plaint - It is a question to be adjudicated on merits as to whether plaintiff is entitled to relief claimed,..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs in earlier suit and present suit are different - Earlier suit was for permanent injunction whereas present suit is for permanent injunction and for mandatory injunction directing the defendants to remove their tube wells from the suit land - Earlier suit was dismissed as..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dispute regarding management of Gurudwara - Respondent filed a suit for injunction on the basis that he was Mohtmim of the said Gurudwara - Managing Committee of Gurudwara also filed suit for declaration and injunction that they were entitled to management and control of said Gurudwara - Both the suits consolidated -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - A finding as to title given in an earlier injunction suit can operate as res judicata in a subsequent suit for declaration of title when in a suit for injunction title is in issue for the purpose of granting injunction - Issue of title arises directly and substantially between the parties when the same issue arises..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Principles of constructive res judicata - Suit for injunction - Dismissed - Plaintiff restrained from interfering with physical possession of defendant - Plaintiff filed suit for possession - Relief for recovery of possession could not have been asked for in that suit - A relief which was..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for permanent injunction dismissed as plaintiff not found in possession - Decision attained finality - Question of possession over the suit land having been already decided by a Court of competent jurisdiction in the earlier suit, the same cannot be tried again in the present suit which is filed by same..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for permanent injunction - Any incidental finding given regarding title to the property does not operate as res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Agreement - Defendant interfering with possession of plaintiff of constructed portion - Plaintiff filed suit for declaration and permanent injunction restraining defendant from interfering with possession - Plaintiffs claim for ownership based on agreement -..........
