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PARESH UPADHYAY, D. BHARATHA CHAKRAVARTHY
E. Dhavamani – Appellant
Versus
G. Sankarabushanam – Respondent
JUDGMENT
(Prayer: Original Side Appeal filed under clause 15 of the Letters Patent read with order XXXVI Rule 9 of the Original Side Rules to set aside the order, dated 23.03.2022 made in Appl.No.4115 of 2021 in C.S.No.326 of 2021 and reject the plaint in C.S.No.326 of 2021 with exemplary cost.)
D. Bharatha Chakravarthy, J.
1. This Original Side Appeal is filed by the defendants, aggrieved by the order of the learned Single Judge, dated 23.03.2022 in Appl.No.4115 of 2021 in C.S.No.326 of 2021, in and by which, the prayer made by the appellants to reject the plaint is refused on the premise that the matter can be decided only after a full fledged trial.
2. The subject matter property is an extent of 3600 Sq.ft bearing new Door No.167, old Door Nos.64 & 64/A, Annai Indira Nagar, Konnur High Road, Ayanavaram, Chennai - 600 023, comprised in survey No.71. Claiming ownership of the extent of 3600 Sq.ft and further claiming that of the 3600 Sq.ft, the plaintiff is in possession of an extent of about 1200 Sq.ft which is described as schedule-B in the plaint and claiming that some of the defendants are in possession of the rest of 2400 Sq.ft, which is described as schedule-C in the plaint, the
The main legal point established in the judgment is the application of the principle of res judicata in property disputes, emphasizing that repeated claims regarding the same property, which have bee....
The main legal point established in the judgment is the application of the bar under Order 9 Rule 9 read with Section 9 of the Civil Procedure Code, which rendered the suits not maintainable.
The main legal point established in the judgment is that the plea of res judicata requires consideration of the pleadings, issues, and decision in the previous suit, which is beyond the scope of Orde....
In order to decide whether suit is barred by any law, it is statement in plaint which will have to be construed. Defence made by defendant in suit must not be considered while deciding merits of appl....
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.
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.
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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