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MAHENDAR KUMAR GOYAL
Ramesh Chand Gupta (Tungawala) – Appellant
Versus
Mahesh Kanungo – Respondent
JUDGMENT :
Mahendar Kumar Goyal, J. - This civil revision petition is directed against the order dated 14.09.2023 passed by the learned Additional District Judge No.6, Jaipur Metropolitan-II, Jaipur (for brevity "the learned trial Court") in Civil Suit CIS No.397/2013 whereby, an application filed by the petitioners/defendants (hereinafter referred to as "the defendants") under Order 7, Rule 11 CPC, has been dismissed.
2. The relevant facts in brief are that the respondent/plaintiff (for short "the plaintiff") filed a suit for declaration, mandatory and permanent injunction against the defendants stating therein that he has been a life time member of the defendant No.1- Khandelwal Vaish Mahasabha (for brevity "the Mahasabha") since the year 1979. It was averred that vide order dated 29.07.2023 issued by the defendant No.2, his primary membership was suspended pending enquiry and thereafter, vide order dated 05.08.2023, the defendant No.2 expelled him from membership for a period of six years in violation of the provisions contained under the constitution of the Mahasabha. Therefore, the decree as aforesaid was prayed for. Therein, the defendants filed an application under Order 7, Ru
The principle of res judicata applies to repeated applications under Order 7, Rule 11 CPC, prohibiting the re-raising of previously dismissed objections, ensuring judicial efficiency.
The principle of res judicata applies to subsequent applications in the same proceedings, barring re-litigation of previously decided issues.
The limited application of Order 7 Rule 11(d) of the CPC and the inapplicability of the plea of res-judicata at the stage of deciding the application under Order 7 Rule 11.
The main legal point established in the judgment is the necessity to consider only the averments in the plaint while deciding whether a suit is barred by res judicata, as emphasized by the latest jud....
An application for plaint rejection under Order 7 Rule 11 CPC only evaluates the plaint's contents without considering the defendant's defense. Res judicata principles need comprehensive analysis bey....
The court's decision was based on the interpretation of Section 115 of the Code of Civil Procedure, 1908, and the arguments regarding the maintainability of the suit under Section 92 of the same code....
A resignation from membership in a society under the Telangana Societies Registration Act renders the individual ineligible to file disputes under Section 23 of the Act.
A revision petition challenging an interim injunction is maintainable despite pending decisions, and an AGM resolution related to the petitioner should be deferred until the injunction application is....
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