Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Estoppel - Issue of estoppel cannot be considered as preliminary issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by defendant against plaintiff - Issues sought to be raised by defendant in her suit would be barred on principles of res judicata and issue of estoppel and accordingly defendant is estopped from raising them again - Trial Court committed error in dismissing application..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - De novo trial - Issue of estoppel and locus standi - Failure to record finding thereon - Held, suit could not be remanded merely because trial court failed to record findings on issues regarding estoppel and locus standi of plaintiff to file suit - Moreover, judgment and decree of the trial Court could not..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata - Estoppel by judgment - From facts and compromise decree which was part of record, it is clear that present plaintiffs' father was party and property in dispute was same - Compromise has taken place on certain terms and conditions - From perusal of compromise decree, it clearly appears..........
Civil Procedure Code, 1908, Order 21, Rule 35, Evidence Act, 1872, Section 116 -- Estoppel - Execution - Decree for possession - Challenge by judgment-debtor on ground that third co-sharer not party to license deed - JD never raised issue of third co-sharer before any Court, except in review petition - Since license created only by plaintiffs - JD estopped from raising..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Res judicata debars a Court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas doctrine of 'Issue estoppel' is invoked against the parties - If such an issue is decided against him, he would be estopped from..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata, estoppel and waiver - Principles of estoppel, res judicata and waiver are procedural in nature and thus same will have no application in a case where judgment has been rendered wholly without jurisdiction or issue involves only pure questions of law...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Res judicata debars a court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas the doctrine issue estoppel is invoked against the party - If an issue is decided against a party then that party is estopped from..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 116 -- Res judicata, waiver & estoppel - Issue of fact once determined finally by a Court of competent jurisdiction when comes directly in question in subsequent proceedings between the same parties then the persons cannot be allowed to raise the same question which already stands determined earlier by the..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Striking out an issue - Court is competent to strike out an issue that appears to be wrongly framed - It is the duty of the Court to ensure that proper issues are framed and no estoppel arises even if the issues have been framed in the presence of the parties...........
