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SECTION 9, 10, 11 OF CODE OF CIVIL PROCEDURE 1908

What is the meaning Courts to try all civil suits unless barred? What is Stay of suit? What is Res judicata? Section 9, 10 and 11 of Code of Civil Procedure 1908

Courts to try all civil suits unless barred, Stay of suit and Res judicata are defined under Section 9, 10 and 11 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 9 of Code of Civil Procedure 1908 "Courts to try all civil suits unless barred"

The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.

Explanation.-A suit in which the right to property or to an office is contested is a suit of a civil nature, notwithstanding that such right may depend entirely on the decision of questions as to religious rites or ceremonies.

 

Section 10 of Code of Civil Procedure 1908 "Stay of suit"

No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] having jurisdiction to grant the relief claimed, or in any Court beyond the limits of {Subs. by Act 2 of 1951, s.3, for "the States".} [India] established or continued by {Subs. by the A.O.1937 for "the G.G.in C ".} [the Central Government {The words "or the Crown Representative" rep. by the A.O.1948.}] and having like jurisdiction, or before {Subs. by the A.O.1950 for "His Majesty Council".} [the Supreme Court].

Explanation.-The pendency of a suit in a foreign Court does not preclude the Courts in {Subs. by Act 2 of 1951, s.3, for "the States".} [India] from trying a suit founded on the same cause of action.

Section 11 of Code of Civil Procedure 1908 "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.

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.

Code of Civil Procedure 1908

What is Short title, extent, commencement and provisions? Section 1 of Code of Civil Procedure 1908

What are the definitions? Section 2 of Code of Civil Procedure 1908

What is Subordination of Courts, What is Savings? What is the Application of the Code to Revenue Courts? Section 3, 4, and 5 of Code of Civil Procedure 1908

What is Pecuniary jurisdiction? What are Provincial Small Cause Courts? What is Presidency Small Cause Courts? Section 6, 7, and 8 of Code of Civil Procedure 1908

What is the meaning Courts to try all civil suits unless barred? What is Stay of suit? What is Res judicata? Section 9, 10 and 11 of Code of Civil Procedure 1908

What is Bar to further suit? When foreign judgment not conclusive? What is Presumption as to foreign judgments? Section 12, 13 and 14 of Code of Civil Procedure 1908

Court in which suits to be instituted? What is the meaning Suits to be instituted where subject matter situate? Section 15 and 16 of Code of Civil Procedure 1908

What is the meaning Suits for immovable property situate within jurisdiction of different Courts? Section 17 of Code of Civil Procedure 1908

Where is the Place of institution of suit where local limits of jurisdiction of Courts are uncertain? Section 18 of Code of Civil Procedure 1908

What is Suits for compensation for wrongs to person or movables? Section 19 of Code of Civil Procedure 1908

What is the meaning Other suits to be instituted where defendants reside or cause of action arises? Section 20 of Code of Civil Procedure 1908


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