Res Judicata Is Not A Ground To Reject A Plaint Under Order VII Rule 11(d) CPC
"Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the 'previous suit', such a plea will be beyond the scope of Order 7 Rule 11 (d), where only the statements in the plaint will have to be perused.", the bench comprising Justices DY Chandrachud and MR Shah observed.
Hence, in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed. The Court while deciding such an application must have due regard only to the statements in the plaint. Whether the suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including the written statement in the case.
(i) To reject a plaint on the ground that the suit is barred by any law, only the averments in the plaint will have to be referred to;
(ii) The defense made by the defendant in the suit must not be considered while deciding the merits of the application;
(iii) To determine whether a suit is barred by res judicata, it is necessary that (i) the 'previous suit' is decided, (ii) the issues in the subsequent suit were directly and substantially in issue in the former suit; (iii) the former suit was between the same parties or parties through whom they claim, litigating under the same title; and (iv) that these issues were adjudicated and finally decided by a court competent to try the subsequent suit; and
(iv) Since an adjudication of the plea of res judicata requires consideration of the pleadings, issues and decision in the 'previous suit', such a plea will be beyond the scope of Order 7 Rule 11 (d), where only the statements in the plaint will have to be perused.
Perusing the plaint, the bench observed that it does not disclose any fact to conclude that it deserves to be rejected on the ground that it is barred by principles of res judicata. While affirming the Trial Court order, the bench clarified that it has not expressed any opinion on whether the subsequent suit is barred by the principles of res judicata.
Case: Srihari Hanumandas Totala vs Hemant Vithal Kamat ; CA 4665 of 2021Citation: LL 2021 SC 364Coram: Justices DY Chandrachud and MR Shah
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