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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Savitri Devi – Appellant
Versus
Daulat Ram – Respondent
JUDGMENT :
Alka Sarin, J.
Present revision petition has been filed challenging the order dated 10.04.2024 (Annexure P-4) whereby the application filed by the defendant No.6-petitioner under Order VII Rule 11 of the Code of Civil Procedure, 1908 has been dismissed.
2. Briefly stated the facts relevant to the present lis are that plaintiff-respondent Nos.1 to 7 herein filed a suit for declaration and permanent injunction. In the said suit an application was filed by the defendant No.6-petitioner herein under Order VII Rule 11 CPC for rejection of the plaint on the ground that the same was barred under Order II Rule 2 CPC. Reply was filed to the said application. Vide the impugned order the said application has been dismissed. Aggrieved by the same, present revision petition has been filed.
3. Learned counsel for the defendant No.6-petitioner would contend that the suit was clearly barred by Order II Rule 2 CPC as earlier a case had been filed being Civil Suit No.54652-2013 titled 'Savitri Devi vs. Dault Ram etc.' which was dismissed. Further, the appeal was partly allowed and that the defendants had been declared owner of the land on the basis of the sale deed dated 02.07.2009 hence the
The dismissal of a suit under Order II Rule 2 CPC requires clear evidence of a barred claim based on the same cause of action.
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.
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
![C. Mani [Died] VS K. Sampath - 2023 Supreme(Mad) 1045](https://supremetoday-s3.b-cdn.net/Madras_3.png)
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.
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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