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1 - 10 of 19 (0.27 seconds)Section 10 in The Code of Civil Procedure, 1908 [Entire Act]
Section 11 in The Court-fees Act, 1870 [Entire Act]
Section 10 in The Court-fees Act, 1870 [Entire Act]
Section 11 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
THE COMMERCIAL COURTS ACT, 2015
Bhanu Kumar Jain vs Archana Kumar & Anr on 17 December, 2004
Principles of res judicata apply in different stages of the same proceedings as
between two stages in the same litigation so that if an issue has been decided at
an earlier stage against a party, it cannot be allowed to be re-agitated by him at
a subsequent stage in the same suit or proceeding. [See Bhanu Kumar Jain
versus Archana Kumar, (2005) 1 SCC 787] Paragraphs 18, 19, 30 to 32 of the
same are extracted hereunder:
Satyadhyan Ghosal And Others vs Sm. Deorajin Debi And Another on 20 April, 1960
―18. It is now well settled that principles of res judicata apply in different
stages of the same proceedings. (See Satyadhyan Ghosal v. Deorajin
Debi [AIR 1960 SC 941 : (1960) 3 SCR 590] and Prahlad Singh v. Col.
Sukhdev Singh [(1987) 1 SCC 727] .)
Prahlad Singh vs Col. Sukhdev Singh on 24 February, 1987
Above is the
ambit and scope of the provision as highlighted in Gurbux Singh case [AIR 1964
SC 1810 : (1964) 7 SCR 831] by the Constitution Bench and in Bengal Waterproof
Ltd. [(1997) 1 SCC 99] The salutary principle behind Order 2 Rule 2 is that a
defendant or defendants should not be vexed time and again for the same cause by
splitting the claim and the reliefs for being indicted in successive litigations. It is,
therefore, provided that the plaintiff must not abandon any part of the claim
without the leave of the court and must claim the whole relief or entire bundle of
reliefs available to him in respect of that very same cause of action. He will
thereafter be precluded from so doing in any subsequent litigation that he may
commence if he has not obtained the prior permission of the court.