Can a plaint be rejected under Order VII Rule 11 of the Civil Procedure Code on the ground of res judicata?
Coram: Justice N. Anand Venkatesh
Yes. Order VII Rule 11 specifically provides for rejection of the plaint when the suit is barred by law, and one of the bars that is provided by law is the principles of res judicata. If a plain reading of the plaint along with the documents filed, on the face of it, establishes that the suit is barred by the principles of res judicata, the Court can certainly reject the plaint on that ground, and the parties need not be asked to undergo trial.
Code of Civil Procedure, 1908 — Order VII Rule 11 — Rejection of plaint — Res judicata — Suit barred by law — Illusory cause of action — Abuse of process of law — Code of Civil Procedure, 1908 — Order VII Rule 11 — Rejection of plaint — Res judicata is a bar provided by law — Held: A suit barred by the principles of res judicata is a suit barred by law within Order VII Rule 11. Where a plain reading of the plaint along with the documents filed establishes that bar, the plaint can be rejected without trial. (¶21) Code of Civil Procedure, 1908 — Order VII Rule 11 — Res judicata — No complete bar to decide the issue — Held further: The judgment relied on by the Court below, rendered where both the suits were pending, does not impose a complete bar to decide the issue of res judicata while dealing with an application under Order VII Rule 11. (¶19, 20) Code of Civil Procedure, 1908 — Order VII Rule 11 — Subsequent suit — Illusory cause of action by ingenious drafting — Held further: A plaintiff who has suffered a decree confirmed in appeal cannot file a subsequent suit on an illusory cause of action by ingenious drafting; such a suit is a subterfuge and a gross abuse of process of law. Plaint rejected. (¶23, 24)
One judgment a day. That's the whole habit.
Read the full text of M Arumugham v. P. Ashok — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India