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SANJAY DWIVEDI
Municipal Council, Khajuraho – Appellant
Versus
Brajkishor Agrawal – Respondent
ORDER :
Heard on the question of admission.
2. The appellant by the instant appeal filed under Section 100 of the Code of Civil Procedure is assailing validity of judgment and decree passed by both the Courts below, dismissing the suit of the plaintiff/appellant.
3. As per facts of the case, a suit was filed by the plaintiff/appellant for declaration and permanent injunction against the respondent/defendant. After filing of the suit, the defendant/respondent moved an application under Order 7 Rule 11 of CPC for rejection of the plaint on the ground that the suit is not maintainable as the same is hit by principle of res judicata and also on the ground that the suit is barred by limitation. It is also mentioned in the application that the fact in regard to judgment and decree already passed in favour of the defendant/respondent in Civil Suit No.192-A/92 vide judgment and decree dated 23.11.1992 was very much in the knowledge of the plaintiff and as such, in view of the Law of Estoppel, a second suit is not maintainable as no cause of action accrued in favour of the appellant/plaintiff and as such, it is claimed in the application that the suit filed by the plaintiff be dismissed on the
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 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.
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....
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 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.
Suit for title declaration barred by 3-year limitation from title denial in prior injunction suit; res judicata applies to incidental title findings; alleged possession (disbelieved earlier) does not....
Power conferred on Courts under Rule 3 of Order 17 of CPC to decide suit on merits for default of a party is a drastic power which seriously restricts remedy of unsuccessful party for redress.
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