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RITU TAGORE
Kamalpreet Singh – Appellant
Versus
Satnam Singh – Respondent
JUDGMENT :
Mrs. Ritu Tagore, J.
This revision is directed against the order dated 16.05.2019 (Annexure P-8), whereby an application (Annexure P-6), moved by the petitioner/defendant No.1, seeking rejection of the plaint in the case (Annexure P-5) titled ‘Satnam Singh vs. Kamalpreet Singh and others’, filed by respondent No.1, has been dismissed.
2. Learned counsel for the petitioner submits that learned trial Court wrongly dismissed the application(Annexure P-6) moved by the petitioner, without considering the settled position of law that subsequent suit on same cause of action is not maintainable after dismissal of the earlier suit under Order 9 Rule 8 CPC being barred by the provisions of Order 9 Rule 9 CPC.
3. Learned counsel contends that respondent No.1/plaintiff had earlier filed a civil suit (Annexure P-1), seeking a declaration that the suit property detailed therein was a joint Hindu coparcenary property between the parties and gift deed dated 12.05.1959, Will dated 16.03.1959 made in favour of Ajaib Singh, and gift deed dated 11.04.2000, and subsequent entries in revenue record based on these documents as null and void. It is stated that the aforesaid case was fixed for cross
A subsequent suit is maintainable despite a prior dismissal if the pleadings support it, and the court must consider the plaint's averments alone under Order 7 Rule 11 CPC.
Dismissal of suit for default does not bar a fresh suit on distinct grounds; res judicata applies only when parties and cause of action are the same.
The principle of res judicata applies to subsequent applications in the same proceedings, barring re-litigation of previously decided issues.
Partition suit – Withdrawal of earlier suit –Filing of subsequent suit – Cause of action for partition being recurring one, subsequent suit by very same person, having withdrawn earlier suit would be....
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....
A second suit for declaration and permanent injunction is maintainable if it presents a different cause of action, even if a previous partition suit was dismissed for default.
The appellate court must remand a case for trial after reversing a dismissal under Order VII Rule 11, without assessing merits.
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