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Ramesh Chand Gupta & Anr. vs. Mahesh Kanungo

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Code of Civil Procedure, 1908–Order 7, Rule 11–Arbitration & Conciliation Act, 1996–Sec. 8–Rejection of application–Appreciation of–Suit for declaration, permanent and mandatory injunction against the suspension of membership of Mahasabha–Earlier, the defendants had made the application u/s. 8 for referring the matter to Arbitrator in view of the Clause 22 of Constitution of Mahasabha which was dismissed by the Trial Court–Again, the same relief through the application under Order 7, Rule 11 is barred by the principle of constructive res judicata–Held, application was rightly dismissed.