 | William Macpherson - 1860 - 592 페이지
...Bombay respectively, or by any Act of the Governor General of India in Council. 2. The Civil Courts shall not take cognizance of any suit brought on a...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... | |
 | Joseph Goodeve - 1862 - 776 페이지
...law 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...parties, or between parties under whom they claim, f But Judgments, whether Home or Foreign, have been divided into two classes, — Judgments in Personam,... | |
 | 1864 - 578 페이지
...rejected the plaint upon its presentation. (a) Act VIII of 1850, sec- 2, enacts that "the Civil Courts shall not take cognizance of any suit brought on a...parties or between parties under whom they claim." apparently treating the agreement of the 5th July 1854° as a ^ razinama upon .which the cause of action... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1867 - 680 페이지
...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... | |
 | Punjab (India) - 1869 - 838 페이지
...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... | |
 | Hoffmann (Professor) - 1871 - 352 페이지
...the claim 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...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... | |
 | Joseph Goodeve - 1871 - 914 페이지
...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... | |
 | 1872 - 528 페이지
...Governor-General of India in Council. 2. UNLESS SUITS PREVIOUSLY HEARD AND DETERMINED. — The Civil Courts shall not take cognizance of any suit brought on a...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... | |
 | Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1872 - 776 페이지
...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... | |
 | 1873 - 642 페이지
...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... | |
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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... 
