Whether plaint can be rejected if it is barred by Judgment of supreme court

The question as to whether the expression "law" occurring in clause(d) of Rule 11 of Order 7 of the Code includes *"judicial decisions of the Apex Court"* came up for consideration before the Division Bench of the Allahabad High Court in Virender Kumar Dixit v. State of U.P., MANU/UP/1914/2014 : 2014(9) ADJ 1506. The Division Bench dealt with the issue in detail in the context of several decisions on the subject and held in para 15 as under:

15. *Law includes not only legislative enactments but also judicial precedents. An authoritative judgment of the Courts including higher judiciary is also law.*
*In the light of the above discussion, in the considered view of this Court, it cannot be said that the term "barred by any law" occurring in clause(d) of Rule 11 of Order 7 of the Code, ought to be read to mean only the law codified in a legislative enactment and not the law laid down by the Courts in judicial precedents.*

*IN THE SUPREME COURT OF INDIA*

Civil Appeal No. 11345 of 2017 (Arising out of S.L.P. (C) No. 23605 of 2015)

Decided On: 07.09.2017

*Bharvagi Constructions and Ors. Vs. Kothakapu Muthyam Reddy and Ors.*

Hon'ble Judges/Coram:
*R.K. Agrawal and Abhay Manohar Sapre, JJ.*

Citation: *AIR 2017 SC 4428* == 2017 (5) CTC 775==

Key words
#order7rule11
#rejectionofplaint