S. ANANTHI
C. P. Singaravelu – Appellant
Versus
S. Kandasamy – Respondent
JUDGMENT
(Prayer: Civil Revision Petition under Article 227 of Constitution of India, to allow the Civil Revision Petition by setting aside the fair order and decreetal order dated 22.11.2018 passed in I.A.No.95 of 2018 in O.S. No.1107 of 2017 on the file of the learned II Additional District Munsif, Tiruchirappalli and further allow the I.A.No.95 of 2018 in O.S.No.1107 of 2017 by rejecting the plaint in O.S.No.1107 of 2017 on the file of the learned II Additional District Munsif, Tiruchirappalli.)
1. This Civil Revision Petition has been filed by the revision petitioner to set aside the order, dated 22.11.2018 in I.A.No.95 of 2018 in O.S.No.1107 of 2017 passed by the learned II Additional District Munsif, Tiruchirappalli.
2. The parties are referred to as per the rank mentioned before the Court below.
3. The plaintiff has filed a suit in O.S.No.1107 of 2017 for the following reliefs:
(i) for permanently restrain the defendants, men, agents from in any manner interfering with the plaintiffs possession and enjoyment of the suit A, B, C, D Lane as its absolute owner subject to the limited right of easement of user and enjoyment of the said suit lane by the 1st defendant of user and en
The main legal point established in the judgment is the application of res judicata and the power of the Court to strike off pleadings that are unnecessary, scandalous, frivolous, or vexatious.
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.
The principle of res judicata applies to subsequent applications in the same proceedings, barring re-litigation of previously decided issues.
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....
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