Civil Procedure Code, 1908, Section 11 -- Res Judicata-Earlier'X' filed suit claiming title through his father, who was `Karta' of the family-Suit decided - Subsequent suit filed by `X' when property was still joint claiming title - Barred by res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata - Earlier suit for injunction - Decided by District Munsif - Mere fact it was decided by Court having no pecuniary jurisdiction to try subsequent suit -Not to effect applicability of res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - A decision on the question of jurisdiction, being a pure question of law, is not res judicata in the subsequent suit...........
Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Section 11, 47 -- A preliminary decree for redemption of mortgage passed - Plaintiff failed to pay the mortgage amount within the period specified in the decree hence no final decree passed - Another suit for redemption of the same mortgage filed - Second suit not barred by the principle of res..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Husband's petition for judicial separation on grounds of adultery & desertion dismissed - Confirmed in appeal - Subsequent suit by wife & child for maintenance - Suit not barred by res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Writ Petition dismissed in limine after hearing both the parties and finding no merit therein - Such an order amounts to res-judicata between the parties...........
Civil Procedure Code, 1908, Section 11 -- Exln.IV - Res-judicata - Previous suit for declaration of title not possession dismissed on ground that the suit property is mortgaged-Subsequent suit for redemption of mortgage-In the previous suit question as to entitlement of mortgage and possession of plaintiff was not gone into and the suit was dismissed on the ground that the..........
Civil Procedure Code, 1908, Section 11, Order 21 -- Res judicata Rule is applicable in execution proceedings...........
Civil Procedure Code, 1908, Section 11 -- Expln.VIII - Finding of Rent Controller as to relationship of landlord and tenant operates as res judicata in subsequent civil suit...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- Constructive res judicata - Objection petition under order 21 rule 58 dismissed for default - Not final decision of the Court after hearing the parties - Does not operate as constructive res judicata against the subsequent application filed under order 21 rule 58 on identical grounds...........
