Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Objections raised U.O.2.R.2 and S.11 CPC - Contentions are self contradictory - If res judicata applies, then provision of O.2.R.2 CPC would not be applicable - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application for production of documents filed by plaintiff to produce documents which she received under RTI Act - Said application dismissed by trial Court on the ground of res judicata - However, earlier applications and present application were separate and distinct - Procedural and technical..........
Civil Procedure Code, 1908, Section 10 -- Object - Not only to avoid multiplicity of proceedings but to avoid vexatious prosecution of a litigant while unnecessarily participating in the proceedings which was already concluded by the earlier judgment - Possibility of judgment in previous suit acting as res judicata in later suit cannot be ruled out - Stay granted...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Finding rendered in interlocutory application cannot be a ground of estoppel or res judicata when main suit itself is dismissed for default...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 6 -- Murder - Res gestae - PW4 called PW5 over phone and told him that accused and deceased had a quarrel in bakery - Evidence of PW4 though hearsay would still be relevant u/s 6 of Evidence Act...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Ancestral/joint family properties were partitioned in 1964 and acted upon accordingly - Fresh suit for partition and separate possession of suit properties not at all maintainable being barred by principles of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for declaration of title - No averments made by defendants as to how present suit is barred by res judicata or constructive res judicata - Even, no material placed to substantiate that dispute raised in present suit was also subject matter of previous suit - In absence of any material, it will not be proper to..........
Service -- Termination - Second writ petition - Res judicata - Earlier writ petition against order of termination was dismissed and order of termination upheld and dispute attained finality - High Court ought not to have entertained second round of proceedings instituted nearly 15 years after the challenge to order of termination attained finality by dismissal of writ..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Defendant filed a civil suit in the year 1999 against mother of plaintiff and elder brother of deceased father of plaintiff - Said suit was decreed in favour of defendants and attained finality - Plaintiffs in subsequent suit are certainly litigating under same title that of..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Subject matter in controversy in both the suits is not same - Relief claimed in both the suits is also different - Decision rendered in first suit will not bar second suit as per principle of res judicata - Application for stay of subsequent suit rightly rejected...........
