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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
| Table of Content |
|---|
| 1. writ challenges trial court suit dismissal on res judicata. (Para 1 , 2 , 3 , 4) |
| 2. petitioner opposes; respondents support o7 r11 rejection. (Para 5 , 6) |
| 3. o7 r11(d) considers only plaint averments. (Para 7 , 8) |
| 4. res judicata requires prior suits evidence at trial. (Para 9 , 10 , 11) |
| 5. apex court: res judicata beyond o7 r11 scope. (Para 12 , 13) |
| 6. impugned order quashed; suit restored. (Para 14) |
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 u
Plea of res judicata cannot be decided under Order VII Rule 11 CPC, as it requires scrutiny of prior suits' pleadings and judgments beyond plaint averments alone.
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....
The principles of res judicata bar a second suit when the cause of action is the same and a previous suit has been adjudicated.
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.
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