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DEEPAK GUPTA
Som Nath – Appellant
Versus
Jaspal Kaur – Respondent
JUDGMENT :
Deepak Gupta, J.
1. In civil suit N: 20 of 2014, an application under Order 7 Rule 11 CPC for rejection of the plaint, moved by the defendant No. 6 - Som Nath (appellant herein), was accepted by Ld. Civil Judge (Jr Divn), Ludhiana vide order dated 09.09.2016. However, the appeal (CA N: 88 of 2017) filed by plaintiff - Jaspal Kaur (respondent No. 1 herein), has been allowed by the Ld. Addl. District Judge, Ludhiana, by way of the impugned order dated 09.12.2021, thus, dismissing the application under Order 7 Rule 11 CPC. It is against this reversal that defendant N: 6 of the suit has approached this Court by filing the present second appeal against order.
2. The facts of the case in brief are as under:
A litigant cannot benefit from concealing material facts; res-judicata applies when the same issue has been previously adjudicated, and suits barred by limitation are not maintainable.
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.
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.
The court held that applications for plaint rejection on grounds like limitation and res judicata necessitate detailed examination during trial; objections cannot be resolved solely from the plaint.
Bonafide purchasers without notice of an original agreement can challenge a decree in a separate suit, as the Execution Court cannot adjudicate on the decree's collusiveness.
The dismissal of a prior suit for non-prosecution does not invoke res judicata against a subsequent suit; limitation and other defenses must be resolved during trial.
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