Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in suit related to the legality, validity and binding nature of a gift deed executed by `B' - `B' was in possession of property throughout - High Court opined that the question of possession and the question of title are two different things - Apex Court while upholding the decision of the High Court, held that..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of SLP without speaking order - Does not constitute res judicata...........
Civil Procedure Code, 1908, Section 96 -- Suit for injunction - Trial Court finding plaintiff to be in possession but also gave a finding that he is not its lawful owner - Appeal by plaintiff - Though under the Code there could be no appeal against a finding yet on grounds of justice, an appeal lies against a finding provided it would operate as res judicata - Appeal held..........
Civil Procedure Code, 1908, Section 11 -- Expin.VI - Compromise decree-Execution-Validity of decree challenged - Objection dismissed - Subsequent objection raised that decree is vague and incapable of being executed - Held, objection is barred by principle of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Summary dismissal does not constitute res judicata for deciding the controversy...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- If a part of claim in a suit is dismissed for want of jurisdiction, it does not operate as res judicata or bar action U.O.2.R.2 as it is not a decision on merits...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction decree - Execution - Objections - Dismissed- Subsequent suit for declaration that decree was fraudulently obtained and hence not binding based on same facts in respect of same subject-matter and between same parties - Held, suit is not maintainable...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit based on joint title to the suit lands derived from the Sanad - Present suit not based on that Sanad but was based on subsequent Sanad - Earlier suit dismissed for non prosecution - Does not operate as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - In 1930 an award of the Arbitrator was made rule of the Court and the same was not challenged by any of the branches of the four sons as such decree was passed in terms thereof - Notice also issued to all the parties in writing by the Court informing them of the award being made rule of the..........
Civil Procedure Code, 1908, Section 11 -- Suit dismissed on technical grounds -Decision not on merits, hence will not operate res judicata in subsequent suit...........
