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MAHENDAR KUMAR GOYAL
Munni Devi W/o Late Prabhat – Appellant
Versus
Ramsahai S/o Ladu, (Since Deceased) – Respondent
ORDER
1. This civil revision petition is directed against the order dated 15.11.2022 passed by the learned Additional District Judge No.3, Jaipur District, Jaipur (for brevity, 'the learned trial Court') in Civil Suit No.169/2013 (277/2008) whereby, an application filed by the petitioners/defendants no.1 to 5 (for brevity, 'the petitioners') under Order 7 Rule 11 read with Section 151 CPC has been dismissed.
2. The relevant facts in brief are that the respondent no.1/plaintiff (for brevity, 'the plaintiff') filed a suit for declaration and injunction against the petitioners and the respondents no.2 to 8. An application filed by the petitioners therein under Order 7 Rule 11 read with Section 151 CPC for rejection of the plaint has been dismissed by the learned trial Court vide its order dated 15.11.2022.
3. Learned counsel for the petitioners submits that the learned trial Court erred in rejecting their application on the premise that their earlier similar application dated 16.04.2021 came to be dismissed vide order dated 19.08.2021. Inviting attention of this Court towards the order dated 19.08.2021 dismissing the earlier application filed by them, learned counsel submits that therein
The principle of res judicata applies to subsequent applications in the same proceedings, barring re-litigation of previously decided issues.
The main legal point established in the judgment is the necessity to consider only the averments in the plaint while deciding whether a suit is barred by res judicata, as emphasized by the latest jud....
The limited application of Order 7 Rule 11(d) of the CPC and the inapplicability of the plea of res-judicata at the stage of deciding the application under Order 7 Rule 11.
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 court emphasized that res judicata requires evidence examination and cannot be solely decided at the pre-trial stage, allowing grounds to be raised in written statements.
The principle of res judicata applies to repeated applications under Order 7, Rule 11 CPC, prohibiting the re-raising of previously dismissed objections, ensuring judicial efficiency.
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.
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