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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ABASAHEB D.SHINDE
Shridhar Machindra Maharnor – Appellant
Versus
Machindra Maroti Maharnor – Respondent
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Rule. Rule is made returnable forthwith. With the consent of the parties, the petition is taken up for final hearing at the stage of admission.
2. The petitioner by this Writ Petition filed under Article 227 of the Constitution of India takes exception to the order dated 21.03.2024 passed by the Civil Judge Junior Division and Judicial Magistrate First Class, Georai, District Beed (for short ‘learned trial court’) below Exhibit-1 in Regular Civil Suit No.282 of 2017 by which the suit filed by the petitioner has been dismissed by the learned trial court holding that the same is barred by principle of res judicata under Section 11 of the Code of Civil Procedure, 1908 (for short ‘CPC’), pursuant to an application filed by the respondents under Rule 11 of Order VII of CPC.
3. Learned counsel for the petitioner submits that the petitioner who is original plaintiff has instituted Regular Civil Suit No.282 of 2017 on 25.09.2017 for partition and separate possession against the present respondents. He would further submit that the respondents who are original defendants have filed their written statement resisting the suit inter alia contending that the sui
The principle of res judicata cannot serve as a basis for rejecting a plaint under Order VII Rule 11 of the CPC; it must be framed as a preliminary issue in trial.
An application for plaint rejection under Order 7 Rule 11 CPC only evaluates the plaint's contents without considering the defendant's defense. Res judicata principles need comprehensive analysis bey....
A plaint can only be rejected under Order 7 Rule 11(d) if it fails to disclose a cause of action or is barred by law, without regard to evidence or defenses raised in the written statement.
The limited scope of Rule 11 of Order VII of CPC restricts the consideration of the defendant's defence and documents relied upon by the defendant when deciding on the rejection of the plaint.
Power conferred on Courts under Rule 3 of Order 17 of CPC to decide suit on merits for default of a party is a drastic power which seriously restricts remedy of unsuccessful party for redress.
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
The dismissal of a prior suit for non-prosecution does not invoke res judicata against a subsequent suit; limitation and other defenses must be resolved during trial.
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