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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... "
The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also ... - 512. lappuse
autors: India. High Court (Kolkata, India) - 1880
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A Digest of Civil Procedure Prevalent in British India, 1. sējums

George Edward Knox - 1877 - 636 lapas
...her present claim. The rest of the Judges however held unaniRES JTJDICATA. M.13. Sti Judicatdff} (2) No Court shall try any suit or issue in which the matter directly and substantially in issue has been heard and finally *SB. IS— 20. decided by a Court of competent jurisdiction,* in a former...
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The Code of Civil Procedure: Being Act No. X of 1877, Together with Mr ...

India - 1877 - 502 lapas
...not preclude the Courts in British India from trying a suit founded on the same cause of action. 13- No Court shall try any suit or 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...
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Commentaries on the Code of Civil Procedure (Act No. X of 1877)

India - 1878 - 852 lapas
...a 'right of action,7 but gives occasion for the enforcing the ' right' (jus) already existent. 13. No Court shall try any suit or issue in which the matter directly _, . ,. and substantially in issue has been heard and finally Ht» judicata. decided by a Court of...
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The Pocket Code of Civil Procedure, Containing Also the Mufassal Small Cause ...

India - 1879 - 540 lapas
...parties, or between parties under whom they or any of them claim, litigating under the same title.] "No Court shall try any suit or issue in which the...matter directly and substantially in issue, having hen directly and substantially in issue, in a former suit in a Court of competent jurisdiction, between...
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The Code of Civil Procedure, Act XIV of 1882 ...

India - 1883 - 724 lapas
...issue is also directly and substantially in issue in a previously instituted suit for the same relief between the same parties, or between parties under whom they or any of them claim, pending in the same or any other Court, whether superior or inferior, in British India having jurisdiction...
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The New Civil Court Manual: Being the Sixth Edition of the "Civil P. Code ...

India, D. E. Cranenburgh - 1883 - 1108 lapas
...decree. — Fakuruddeeu Mahomed Assail v. The Official Trustee of Bengal, ILS, 7 Cal. 82. -) • * 13. No Court shall try any suit or issue in which the matter directtut** ~»/ f(< • ly and substantially in issue has been directly an(j substantially in issue,...
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The Law Reports. Indian Appeals: Being Cases in the Privy ..., 11-12. sējumi

William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1884 - 568 lapas
...payment of the Plaintiff's claim against it under the mortgage. Sect. 13 of the Code provides that no Court shall try any suit or issue in which the...directly and substantially in issue in a former suit between the same parties, has been fully heard and determined ; and Explanation II. provides that any...
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The Law and Practice of the Courts of the United Kingdom: Relating to ...

Francis Taylor Piggott - 1884 - 752 lapas
...(according to the section) the suit is pending before Her Majesty in Council. s. 1 3. Jfes Judicata. No court shall try any suit or issue in which the matter directly and substantially in issue has been heard and finally decided by a court of competent jurisdiction, in a former suit between the...
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The Anglo-Indian Codes: Adjective law

India - 1888 - 1246 lapas
...directly and substantially in issue has been directly and substantially in issue in a former suit2 between the same parties, or between parties under whom they or any of them claim 3, litigating under the same title, in a Court of jurisdiction competent4 to try such subsequent suit6...
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The Code of Civil Procedure, 1882: As Modified Up to 1st July, 1888

India, India. Legislative Department - 1888 - 380 lapas
...issue is also directly and substantially in issue in a previously instituted suit for the same relief between the same parties, or between parties under whom they or any of them claim, pending in the same or any other Court, whether superior or inferior, in British India having jurisdiction...
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