 | Louis Arthur Goodeve - 1870 - 982 pàgines
...in the present suit is different from that in the former. The terms of section 2 are these : — " The Civil Courts shall " not take cognizance of any...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... | |
 | Punjab (India) - 1869 - 838 pàgines
...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... | |
 | 1873 - 642 pàgines
...second section of the Act of Civil Procedure. That clause is in these words : — " The Civil TJourt shall not take cognizance of any suit brought on a...and determined by a Court of competent jurisdiction iu a former suit between the same parties or between parties under whom they claim." The first question... | |
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1878 - 268 pàgines
...from bringing the suit by reason of the cause of action or any part thereof having been previously heard and determined by a Court of competent jurisdiction in a former suit between the same parties or parties under whom they claim. The principal question in this appeal is, whether the right to recover... | |
 | India. High Court (Kolkata, India) - 1879 - 674 pàgines
...thereto. Section 2 of the Civil Procedure Code enacts that the Civil Courts shall not take cogniance of any suit brought on a cause of action, which shall have been heard Hid determined by a Court of competent jurisdiction in a former suit betoen the same parties. It cannot... | |
 | 1884 - 884 pàgines
...Procedure under which this case was tried, which says, — '' The Civil Courts shall not take coguizance of any suit brought on a cause of action which shall...of competent jurisdiction in a former suit between thd eame parties or between parties under whom they claim." (1)2 Smith's Leading C ases, 6«0. Now,... | |
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1884 - 568 pàgines
...at the time of the institution of this suit Act VIII. of 1859, s. 2, which is in these terms : — " The Civil Courts shall not take cognizance of any...determined by a Court of competent jurisdiction in a forme( suit between the same parties or between parties under whom they claim." With reference to this... | |
 | Joseph Vere Woodman - 1888 - 906 pàgines
...the case was within Act VIII of 1859, section 2, excluding from the jurisdiction of the Court causes of action " which shall have been heard and determined by a Court of competent jurisdiction to a former suit between the same parties." LUIEBPOOH1SSA BlBIB t>. LUCKBI-MOBEB DOSSBB BBS JTTDICATA—... | |
 | David Sutherland - 1891 - 862 pàgines
...this suit is undoubtedly barred. Section 2, Act VIII. of 1859, says, that a Civil Court shall not lake cognizance of any suit brought on a cause of action...jurisdiction in a former suit between the same parties. The Subordinate Judge appears to have confounded the plaintiff's title and his cause of action together,... | |
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Where a right, question or fact is distinctly put in issue and directly determined by a court of competent jurisdiction in a former suit between the same parties... 
