Code of Civil Procedure, 1908 11.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.

Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal. Act Info: Preamble 1 - THE CODE OF CIVIL PROCEDURE, 1908. Section 1 - Short title, commencement and extent. Section 2 - Definitions.

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.

PRELIMINARY 1. Short title, commencement and extent. Definitions 3. Subordination of Courts. Application of the Code of Revenue Courts. Pecuniary Jurisdiction. Small Cause Courts.

[Omitted] PART I SUITS IN GENERAL Jurisdiction of the Courts and Res Judicata 9. Courts to try all civil suits unless barred. Stay of suit. Res Judicata 12. Bar to further suit. When foreign judgment not conclusive. Presumption as to foreign judgments.

Place of Suing 15. Court in which suits to be instituted. Suits to be instituted where subject-matter situate. Powerquest partition magic 9.

Suits for immovable property situate within jurisdiction of different Courts. Place of institution of suit where local limits of jurisdiction of Courts are uncertain. Suits for compensation for wrongs to person or movables. Others suits to be instituted where defendants reside or cause of action arises. Objections to jurisdiction. Power to transfer suits which may be instituted in more than one Court.

To what Court application lies. General power of transfer and withdrawal. Appearance of parties on transfer of suit, etc. [Omitted] Institution of Suits 26. Institution of suits. Summons and Discovery 27.

Summons to defendants. [Omitted] 29.

Service of foreign summonses. Power to order discovery and the like. Traktor scratch pro 2 full version free download mac.

Summons to witness. Penalty for default. Judgment and Decree. Judgment and decree.

Interest Costs 35. Compensatory costs in respect of false or vexatious claims or defences. Cost for delay in making applications, etc., in respect of interlocutory matters. PART II EXECUTION General 36. Application to orders. Definition of Court which passed a decree. Courts by which decrees may be executed 38.

Court by which decree may be executed. Transfer of decree. [Omitted] 41. Result of execution proceedings to be certified. Powers of Court in executing transferred decree.

Execution of decrees passed by British Courts in places to which this Part does not extend or in foreign territory. [Omitted] 44A. Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory. [Omitted] 46.

[Omitted] Limit of Time for Execution 48. Execution barred in certain cases. Transferees and Legal Representatives 49. Transferee 50. Legal representative Procedure in Execution 51. Powers of Court to enforce execution. Enforcement of decree against legal representative.

Liability of ancestral property. Partition of estate or separation of share. Arrest and Detention 55. Arrest and detention. Prohibition of arrest or detention of women in execution of decree for money.

Subsistence allowance. Detention and release. Release on ground of illness. Attachment 60.

Property liable to attachment and sale in execution of decree. Partial exemption of agricultural produce. Seizure of property in dwelling-house.