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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... "
Reports of Cases Heard and Determined by the Judicial Committee and the ... - Pągina 67
per Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1867
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The New Procedure of the Civil Courts of British India, Not Established by ...

William Macpherson - 1860 - 592 pągines
...cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they claim. B Civil Courts Unless suit* de_ R< vision of 3. The judgments of the Civil Courts shall not be subject...
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The Law of Evidence as Administered in England and Applied to India

Joseph Goodeve - 1862 - 776 pągines
...cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same 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 ..., Volum 1

1864 - 578 pągines
...cause of action •which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same 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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The Bengal Law Reports of Decisions of the High Court at Fort ..., Volum 11

Louis Arthur Goodeve - 1873 - 652 pągines
...cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same 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 Code of Civil Procedure

Hoffmann (Professor) - 1871 - 352 pągines
...cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same 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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Bombay High Court Reports: Reports of Cases Decided in the High ..., Volum 8

Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - 776 pągines
...cause of action •which shall have been heard and determined by a court of competent jurisdiction in a former suit between the same 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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The Indian Codes: Comprising ...

1872 - 528 pągines
...cause of action which shall have been heard and determined by a Court of competent jurisdiction in a former suit between the same 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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The Code of Civil Procedure: Being Act No. X of 1877, Together with Mr ...

India - 1877 - 502 pągines
...issue, in which the matter directly and substantially decided by a Court of competent jurisdiction, in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title. Explanation I. — The matter above referred...
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A Digest of Civil Procedure Prevalent in British India, Volum 1

George Edward Knox - 1877 - 636 pągines
...issue has been heard and finally *SB. IS— 20. decided by a Court of competent jurisdiction,* in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title. Explanation 1. — The matter above referred...
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Judgments of the Privy Council on Appeals from India, Volum 2

David Sutherland (barrister-at-law.), Great Britain. Privy Council. Judicial Committee - 1878 - 866 pągines
...of action which shall have been heard and determined (213) by a Court of competent jurisdiction in a former suit between the same parties or between parties under whom they claim." Their Lordships are of Opinion that the expression "cause of action" cannot be taken in its literal...
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