June 2019

Civil Procedure Code, 1908, S.11- Res judicata–Identification of Property-Rule of resjudicata cannot be applied particularly when the property involved in the previous suit and the present suit is not same. 

By | June 27th, 2019|Res judicata|

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Legal Representatives—Purpose of 0.22 R.5 CPC is only to bring all legal representatives on record for conduct of legal proceedings—Such a course does not operate as res judicata, nor it will decide inter se disputes between the rival legal representatives

By | June 26th, 2019|Res judicata|

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February 2019

November 2018

Civil Procedure Code, 1908, O.2 R.2–Bar to Suit-Pleadings-In absence of the appellants having raised a specific plea that suit filed is barred under O.2 R.2 CPC and plaint of the earlier suit being not a part of records, it is difficult to accept contention of the appellants that consistent findings recorded by the courts are liable to be set aside on the additional factual and legal plea sought to be raised for the first time in regular second appeal

By | November 29th, 2018|Res judicata|

Comments Off on Civil Procedure Code, 1908, O.2 R.2–Bar to Suit-Pleadings-In absence of the appellants having raised a specific plea that suit filed is barred under O.2 R.2 CPC and plaint of the earlier suit being not a part of records, it is difficult to accept contention of the appellants that consistent findings recorded by the courts are liable to be set aside on the additional factual and legal plea sought to be raised for the first time in regular second appeal

October 2018

Resjudicata—Previous writ which was dismissed with single word, by a non-speaking order would not operate as constructive resjudicata.

By | October 15th, 2018|Res judicata|

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Res judicata-Agreement to Sell- -Injunction–Once the relief has been sought in the previous suit and the same has been declined and the matter is already sub judice, the second suit claiming simple injunction on the basis of same agreement to sell is barred by the principal of res judicata

By | October 3rd, 2018|Res judicata|

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September 2018

January 2018

October 2017

July 2017

June 2017

Civil Procedure Code, 1908, O.2 R.2–Bar to suit-Earlier suit was for permanent injunction by Plaintiff (co-owner) restraining defendant (other co- owner) from interfering his possession

By | June 20th, 2017|Res judicata|

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Civil Procedure Code, 1908, O.2 R.2, S.11 & O.23 R.1(4)–Bar to Suit-Res judicata– Non pressing of issue—0.23 R.1(4) precludes the person not to abuse against the process of law and owing to involvement of question of public policy— Therefore, if the issue of bar to suit and resjudicata was not pressed, same can always be considered.

By | June 6th, 2017|Res judicata|

Comments Off on Civil Procedure Code, 1908, O.2 R.2, S.11 & O.23 R.1(4)–Bar to Suit-Res judicata– Non pressing of issue—0.23 R.1(4) precludes the person not to abuse against the process of law and owing to involvement of question of public policy— Therefore, if the issue of bar to suit and resjudicata was not pressed, same can always be considered.

March 2017

January 2017

November 2016