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Showing posts with label Representative suit. Show all posts
Showing posts with label Representative suit. Show all posts
Friday, 4 July 2025

What is abatement of proceeding as per CPC?

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  Abatement of proceedings in Indian law refers to the automatic termination or suspension of a legal proceeding due to specific events a...
Tuesday, 24 June 2025

What is the difference between representative suit and administration suits as per indian law?

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 Representative Suits vs Administration Suits Representative suits and administrative suits serve entirely different purposes under Indian ...
Tuesday, 14 November 2023

What are the requisites for a representative suit?

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  In India, a representative suit, also known as a class action suit, allows one or more persons to sue or defend on behalf of a group of pe...
Saturday, 29 October 2022

Whether principles of res judicata are applicable to compromise decree?

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 E.2.4 Compromise decree and Res Judicata 46. It is contended by the counsel for the Appellant that since a compromise deed was arrived at b...

What are twin tests to identify whether an issue has been conclusively decided in the previous suit attracting bar of res judicata in the subsequent suit?

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In view of the authorities cited above, the twin test that is used for the identification of whether an issue has been conclusively decided ...

Basic principles for deciding whether the matter was "directly and substantially" in issue and when it was only "collaterally or incidentally" in issue

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  On a perusal of the above authorities it is evident that a representative suit is binding on all the interested parties. Therefore, the ju...

What is the scope of the suit filed U/S 92 of CPC?

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   A suit Under Section 92. Civil Procedure Code is a suit of a special nature which presupposes the existence of a public trust of a religi...

When can the court decide the issue of res judicata as a preliminary issue?

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  We are unable to accept the submission of the Appellants that res judicata can never be decided as a preliminary issue. In certain cases, ...

Whether the subsequent suit is barred by res judicata if there has been any material alteration in law or facts since the first suit was decreed?

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  The court while undertaking an analysis of the applicability of the plea of res judicata determines first, if the requirements of Section ...

Whether the second suit is barred by res judicata if the decree passed in the previous suit is nullity?

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  Justice K. Ramaswamy writing for a three judge bench of this Court in Sushil Kumar Mehta v. Gobind Ram Bohra MANU/SC/0593/1989 : (1990) 1 ...
Sunday, 26 September 2021

Whether a party can claim a declaration of title in Representative suit?

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  E.2.1 Determination of title in a Representative sui t 32. In Mahant Pragdasji Guru Bhagwandasji v. Patel Ishwarlalbhai Narsibhai  AIR 195...
Saturday, 25 September 2021

When would adverse findings given on any particular issue not be res judicata?

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  E.2.3 Conclusive decision and Res Judicata 36.  The locus classicus on the point of determining if an issue was ‘directly and substantiall...
Saturday, 2 May 2020

Important Notes on Civil procedure Code

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1) Execution of decree -Important provisions of CPC https://www.lawweb.in/2019/09/execution-of-decree-important.html 2) Notes on Repr...
Tuesday, 29 October 2019

Whether representative suit filed by secretary or officer bearer of unregistered society is maintainable?

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All the said judgments indicate that the provisions of Order 1 Rule 8 of the Code are intended to avoid multiplicity of litigation and ou...
Sunday, 13 October 2019

What is importance of issuing notice in representative suit?

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Admittedly, the trial court failed to comply with the provisions of Order, 1, Rule 8, C.P.C. The said provision of law is mandatory in nat...

Whether defendant can raise objection that notice to all persons on whose behalf representative suit is filed is not served?

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 Still further, the said objection regarding non-compliance of the mandatory provisions of Order 1 Rule 8 of the Code is available only to...

Whether Representative suit is to be dismissed if there is non compliance of O 1 R 8 of CPC?

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  Even the findings of the learned Courts below that the suit must be dismissed because the provisions of Order 1 Rule 8 CPC have not been...

Whether representative suit abate on death of one of plaintiff?

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The last two points may be shortly disposed of as they have to be stated merely to be rejected. Point No. (2) was eventually given up as i...

Whether decree passed in suit will be binding only to parties to suit if their application for filing representative suit is rejected?

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"We are satisfied," say the learned Judges, that no permission was applied for orally or in writing, and that no permission ...

When personal notice is to be issued in Representative suit?

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In this judgment at page 906 reference is made to Bir Singh v. Pirthi Singh, AIR 1928 Lah 693, where personal notices were served on 79 de...