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" 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 New Procedure of the Civil Courts of British India, Not Established by ... - Página v
por William Macpherson - 1860 - 370 páginas
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1862 - 776 páginas
...of Cieil Procedure lish law in the matter or Judgments; enactingEnactment. that th^ Courts Sna11 not take cognizance of any suit brought on a cause of...parties, or between parties under whom they claim, f But Judgments, whether Home or Foreign, have been divided into two classes, — Judgments in Personam,...
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Madras High Court Reports: Reports of Cases Decided in the High ..., Volumen1

1864 - 578 páginas
...by section 2 of the Code of Civil Procedure. That section provides that " the Civil Courts shall not take cognizance of any suit brought on a cause of...parties, or between parties under whom they claim." (a) Present Scotland, CJ and Bittleston, J. March 4. The proceedings in the former action were put...
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Reports of Cases Heard and Determined by the Judicial Committee and the ...

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1867 - 680 páginas
...Such cause of action has not been " heard and determined by a Court of competent jurisdiction in any former suit between the same parties, or between parties under whom they claim." This is the language of that section of the Act, which the Court below has held thus defines this suit...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volumen11

Louis Arthur Goodeve - 1873 - 650 páginas
...section of the Act of Civil Procedure. That clause is in these words : — " The Civil Court shall not take cognizance of any suit brought on a cause of...parties or between parties under whom they claim." The first question that occurs to their Lordships upon that section is, what is meant by the cause...
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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volumen5

Louis Arthur Goodeve - 1870 - 984 páginas
...different from that in the former. The terms of section 2 are these : — " The Civil Courts shall " not take cognizance of any suit brought on a cause of...competent jurisdiction, in a former suit between the same par" ties, or between parties under whom they claim." The general current of decisions has established...
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The Punjab Civil Code (part I) and Selected Acts: With a Commentary

Punjab (India) - 1869 - 838 páginas
...the Code of Civil Procedure, which provides that : " Section, 2. — The Civil Courts shall not tako cognizance of any suit brought on a cause of action...jurisdiction in a former suit between the same parties and between parties under whom they claim." n<-tl,ftau»e*<t*6. RES JTTDTCATA. 27 progress, is only...
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The Code of Civil Procedure

Hoffmann (Professor) - 1871 - 352 páginas
...has been previously heard and determined, a bar to a subsequent suit ? " The Civil Courts shall not take cognizance of any suit brought on a cause of...parties, or between parties under whom they claim." s.2. [Note. — The extent to which the plea of res judicata will prevail, was laid down by the Lord...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1871 - 914 páginas
...the Procedure Code (2), from taking cognizance of any suit brought on a cause of action, which lias been heard and determined by a Court of competent...parties, or between parties under whom they claim. In treating a judgment as evidence, it is necessary to distin- of what matguish bet ween facts involved...
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The Indian Codes: Comprising ...

1872 - 528 páginas
...of India in Council. 2. UNLESS SUITS PREVIOUSLY HEARD AND DETERMINED. — The Civil Courts shall not take cognizance of any suit brought on a cause of...parties or between parties under whom they claim. 3. REVISION OF JUDGMENTS OF THE CIVIL COURTS. — The judgments of the Civil Courts shall not b'e subject...
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Bombay High Court Reports: Reports of Cases Decided in the High ..., Volumen8

Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - 778 páginas
...due to him. Sec. 2 of Act VIII. of 1859 provides that " the Civil Courts shall not take cognisance of any suit brought on a cause of action •which...parties, or between parties under whom they claim." Sec. xxn., cl. 4, of the Code shows clearly that the "cause of action in the former suit was the alleged...
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