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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR
Gopi – Appellant
Versus
Shanthi – Respondent
ORDER :
N. SATHISH KUMAR, J.
Aggrieved over the order of the IV Additional District Court, Thiruvallur at Ponneri, dated 08.03.2024 in I.A.No.4 of 2023, dismissing the application under Order 7 Rule 11 CPC to reject the plaint in O.S.No.63 of 2023, the present revision has been filed by the 4th defendant in the suit.
2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
3. Brief background of the case is as follows :
3.1. The plaintiffs have filed the suit in O.S.No.63 of 2023 for declaration of title over the suit property; for consequential relief of permanent injunction as against the defendants 3 and 4; for declaration of the settlement deed dated 16.09.2013 in favour of the 2nd defendant as invalid; to declare the sale deed dated 01.06.2020 in favour of the 3rd defendant and the sale deeds dated 13.07.2022 and 03.08.2022 in favour of the 4th defendant as null and void and not binding on the plaintiffs; to declare the mortgage deed dated 01.12.2022 in favour of the 5th defendant as null and void; and also for permanent injunction.
3.2. Reddy Kuppana Mudali married Aayammal. Reddy Naasamma, Reddy Muthammal and Reddy Munusamy Mudali we
The principle of res judicata does not apply when the earlier suit has not reached its finality and the causes of action in the subsequent suit are different.
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.
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 established that a unified decree involving both a suit and counter claim can be appealed as a single entity, and failure to raise res judicata at the appropriate stage results in waiver of....
It is settled law that while considering application filed under Order 7, Rule 11(d) of C.P.C., defence is immaterial and Court has to only look into averments of plaint and application cannot be dec....
A plaint cannot be rejected based on constructive res-judicata at the initial stage; it requires full consideration of evidence.
A court must examine pleadings from both current and previous suits to determine if resjudicata applies, ensuring all relevant issues are considered.
The court emphasized that the present suit does not hit Order 2 Rule 2 of C.P.C. and there is a cause of action to file the present suit.
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