Civil Procedure Code, 1908, Section 11 -- Principle of res judicata whether equitable, statutory or cause of action estoppel-Basic quintessence-Order must be between the same parties or their successors claiming through them in which the matter has been finally decided by the competent Court or Authority in earlier proceedings and the same question between the same parties..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Interest on payment of arrears of salary on reinstatement - Interest not claimed in the suit - Cannot be claimed in subsequent suit which is barred by principles of res judicata and O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 22, 23 -- Order passed under O.21.R.23(2) operates as res judicata in all further proceedings - If notice under Order 21 Rule 22 is not given objection to executability can be raised at a later stage...........
Consumer Protection Act, 1986, Section 2(1)(o) -- Service - Res judicata - Grievance put forward by the Complainant before the High Court that no services are being rendered by the Periyar Market Committee, is being again agitated by means of the Complaint - If High Court did not consider grievances of the present complainant independently and individually the Complainants..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(b)(ii) -- Goods - Misuse - Fact that the cooker burst is established on record - By the doctrine of Res Ipso Loquitor, it would only be because of manufacturing defect in the absence of proof of misuse - Misuse had to be established by the Appellant who led no evidence...........
Civil Procedure Code, 1908, Section 11 -- Principles of constructive res judicata are applicable to execution proceedings...........
Civil Procedure Code, 1908, Section 11 -- Compromise decree - Does not operate as res judicata - May operate as estoppel...........
Civil Procedure Code, 1908, Section 11, Order 18, Rule 3-A -- Examination of witness before examination of plaintiff - Application rejected - Second application with prayer to permit plaintiff to examine himself as witness though one of his witnesses was examined earlier - Application allowed - Held, second application is not barred by res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applies eve between two stages of same proceedings - Matter decided at an earlier stage cannot be allowed to be reagitated at a subsequent stage...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Two suits consolidated - Common judgment passed - Appeal filed against judgment and decree in one suit - Judgment and decree of the other suit operates as res judicata..........
