Cpc 1908 Bare Act Pdf Download

V OF 1908 [21st March 1908] An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: - PRELIMINARY 1.-(l) This Act may be cited as the Code. To buy Full Course of CS Executive Jurisprudence, Interpretation & General Laws, Click the following link:.

Code of Civil Procedure, 1908 11.Res judicata.- No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised' and has been heard and finally decided by such Court. Explanation I.—The expression ' former suit ' shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. Explanation II.—For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.

Explanation III.—The matter above referred to must in the former suit have been alleged by one party and either denied or admitted, expressly or impliedly, by the other. Monkey quest game full version for pc game. Explanation IV.—Any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall, for the purposes of this section, be deemed to have been refused. Explanation VI.-Where persons litigate bona fide in respect of a public right or of a private right claimed in common for themselves and others, all persons interested in such right shall, for the purposes of this section, be deemed to claim under the persons so litigating.

Civil Procedure Code 1908 1. Short title, commencement and extent (1) This Act may be cited as the Code of Civil Procedure, 1908. (2) It shall come into force on the first day of January, 1909. 1[(3) It extends to the whole of India except.- (a) the State of Jammu and Kashmir; (b) the State of Nagaland and the tribal areas. Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incedental or consequential modifications as may be specified in the notification. Suit was filed for specific performance of contract and it was decreed.

Execution was filed by DH and sale deed was executed by court as the JD failed to execute the same. Execution closed as the court executed sale deed. The property is dispute was sold to me by my vendor means there are two sale deeds of one property by same vender & i purchased the same during pendency of suit. After completion of execution and other proceedings if any, and after 1 year another purchaser tried to disturbed my possession over suit property. I filed a suit for declaration (that the sale deed of DH is null & void) & injunction. Other side / defendant raised an objection that suit is not maintainable because of section 47 of CPC. Suggest the exact position as to suit is maintainable or not?

Pls Chk these points. If you still have possession? If the suit proceedings were ever placed on public domain u could have checked.

Like the land registry, revenue records wher u could have known about the suit if a search was made? If not, u make check on the ground of Bonaire purchaser. See transfer of property act and CPC. U are a person who can raise a claim under sec.

47 of the act or under ord 21. Without even filing a suit where a claim as to valid title or right is determined. However if your suit and reliefs are against the third party alleged purchaser, then sec. 47 proceedings available against the dh will not be appropriate and a fresh suit would be necessary. Sec 47 and ord 21 claims are raised even when ur rights are threatened in execution by the dh.