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VIJAY KUMAR SHUKLA
Leelabai (Smt. ) – Appellant
Versus
Umabai – Respondent
ORDER
1. The present petition is filed under Article 227 of the Constitution of India challenging the orders dated 13.2.2020 and 30.7.2022 passed by Civil Judge, Junior Division, Alirajpur in Civil Suit No.63A/2014 and MJC No.8/2021 whereby the application filed under Order XIV rule 1 (2)(5) CPC for trying the issue No.8 regarding res-judicata as preliminary issue has been allowed.
2. The facts draped in brevity are that the plaintiffs filed Civil Suit No. 63-A/2014 in the Court of Civil Judge Junior Division, Alirajpur for declaration, partition & possession. The defendant No.12/ respondent No. 12 is contesting defendant and he had filed his written statement and denied all the plaint allegations and filed counter claim also. The learned trial Court framed the issues. The plaintiffs’ suit was stayed as defendant Nos. 1 to 7 have filed suit for partition which was earlier in point of time. It was dismissed. Hence the proceedings of the case was again started. During the trial defendant No.12 filed application U/O 6 R. 17 C.P.C. and amended his written statement and contended that the present suit is barred by res-judicata . The application was allowed. Thereafter an additional issue
The court ruled that an order concerning res-judicata cannot be challenged after significant delay, emphasizing the principles of estoppel by conduct and the need to maintain judicial efficiency.
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.
A plaint can only be rejected under Order 7 Rule 11(d) if it fails to disclose a cause of action or is barred by law, without regard to evidence or defenses raised in the written statement.
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 main legal point established in the judgment is that the plea of res judicata requires consideration of the pleadings, issues, and decision in the previous suit, which is beyond the scope of Orde....
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....
(1) CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried as a prel....
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