Civil Procedure Code, 1908, Section 10, 11, 12, Order 7, Rule 11, 13 -- Stay of second suit - Object of Section 10 - Only one suit on the same cause of action should be allowed to be proceeded with at the same time - After adjudication of first suit on merits - Fate of second suit would be determined by principles of res judicata - Principles of res judicata embodied Id..........
Civil Procedure Code, 1908, Section 11 -- Execution proceedings - Principles of res judicata - Applicable...........
Civil Procedure Code, 1908, Section 11 -- Ejectment suit dismissed for want of prosecution and on merits - Subsequent comprehensive suit on several grounds including those in the previous suit between the same parties is maintainable and not barred by res-judicata or estoppel...........
Civil Procedure Code, 1908, Section 47, 11 -- All objections to the executability of decree to be taken at one and the same time at appropriate stage and if he does not do so he is precluded from raising fresh objection in a piece - Meal manner at a subsequent stage even in the same execution proceedings - Principles of constructive res-judicata apply...........
Civil Procedure Code, 1908, Section 11, 47, Order 20, Rule 14 -- Pre-emption suit decreed - Failure to take objection in grounds of appeal regarding no, compliance with terms of decree of pre-emption - Objection taken at the stage of execution as regards less deposit or deposit having been made after time allowed - Neither barred by principle of res judicata nor question..........
Civil Procedure Code, 1908, Section 96 -- Party adversely affected by decree can alone appeal - Suit dismissed but a finding against the defendant - That finding can be challenged in appeal if it is res judicata and is binding upon him in future...........
Civil Procedure Code, 1908, Section 11 -- Plea not raised but could have been raised - After dismissal of petition the subsequent suit raising that plea is barred by the principle of constructive res-judicata...........
Civil Procedure Code, 1908, Section 11 -- Assistant Collector gave categoric finding that tenant holding tenancy after 1956 - Ordered ejectment of tenant from land in excess of 5 standard acres immediately and from the rest of land when tenant allotted surplus land - Appeal by tenant permissible - No appeal filed - Order becomes final - Finding of fact that tenant holding..........
Civil Procedure Code, 1908, Section 11 -- One of the tests in deciding whether the doctrine of res-judicata applies to a particular case or not is to determine whether two inconsistent decrees will come into existence, if it is not applied...........
Civil Procedure Code, 1908, Section 11 -- In deciding an application for interim injunction, any opinion expressed by the Court, whether it be of the trial Court or and appellate Court or revisional Court, cannot in law preclude the trial Court from considering the issue a fresh when deciding the suit - The opinion expressed on the merits of the suit when deciding an..........
