LawforAll

advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Friday, September 3, 2010

RES-JUDICATA SEC.11 & RES-SUB-JUDIE SEC.10 OF C.P.C.

now the important point is that whether sec.10 or sec.11 applies only to suits alone or not ?. writ proceedings, arbitration proceedings , rent control proceedings, company proceedings, succession act proceedings, specific relief act proceedings , society act proceedings, and election proceedings etc., can we apply the above said principles laid down under sec.10,11, to the suit and other than suit or other than suit and other suit proceedings ,is a primary question frequently arising before the courts and public litigants. so many courts decided the matter in so many ways and finally it is settled law that there is no hard and fast rule and it depends on the facts and circumstances of the each case. another question is whether the both suits can be jointly tried if filed and objected under sec.10. and another interesting question is which court has to stay the proceedings under sec.10. another interesting question is whether sec.11 applies to interlocutory petitions also which are filed and decided in a suit, pending disposal of that suit.