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CHANDRA KUMAR RAI
Vindhyachal – Appellant
Versus
Kalika – Respondent
JUDGMENT :
CHANDRA KUMAR RAI, J.
1. Heard Mr. B.L. Yadav and Mr. K.K. Kanojiya, learned counsel for the appellant and Mr. Prem Shanker Prasad, learned counsel for the respondent.
2. This is plaintiff's second appeal under Section 100 of Civil Procedure Code against the judgment and decree dated 07.08.1982 passed in Civil Appeal No. 153 of 1980 arising out of original Suit No. 880 of 1976.
3. The present second appeal was admitted on 21.07.1983 but substantial question was not framed at that time.
4. Learned counsel for the appellant is pressing the only substantial question of law which has been framed by him in his memo of Second Appeal, accordingly, this appeal shall be heard on following substantial question of law:
5. Both parties agreed that second appeal be heard and disposed of on the substantial question of law as framed by this Court today itself.
6. Plaint in brief is that plaintiff's house and
The main legal point established in the judgment is the application of res-judicata under CPC Section 11, where the courts found that the present suit was barred due to the matter being directly and ....
The main legal point established in the judgment is the application of the principle of res judicata under Section 11 CPC and Order 14 Rule 2(2) CPC in property disputes.
The plea of res-judicata must be raised in the pleadings and substantiated by producing the copies of the pleadings, issues, and the judgment in the previous case. The substantial question of law pro....
The judgment and decree passed by the Trial Court and the First Appellate Court were set aside as the Trial Court and the First Appellate Court erred in considering the order passed by the High Court....
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
The principle of res judicata bars litigation on matters already adjudicated, and can be decided as a preliminary issue when sufficient materials exist.
The main legal point established in the judgment is that the plea of res judicata requires consideration of the pleadings, issues, and decision in the previous suit, which is beyond the scope of Orde....
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