Resjudicata and cpc o.7 r.11(d)
madhur
(Querist) 18 September 2013
This query is : Resolved
Whether plea of resjudicata can be taken under O.7 R.11(d) barred by Law of CPC? If yes, give the citation please.
ajay sethi
(Expert) 18 September 2013
it has been increasingly observed that querist want citations . please note that we do not provide citations . all querist are advised to do their own home work . search in indian kanoon webiste for judgments .
Advocate Sastry
(Expert) 18 September 2013
Agree with the views of Mr Ajay Sethi Ji...
prabhakar singh
(Expert) 18 September 2013
Judgements can not be demanded here.
Res judicata can never be plea to reject a plaint u/order 7 rule 11 (d).
Your application is misconceived.The question of res judicata shall be a mixed question of law and fact. It has got to be raised and decided. A plaint can be rejected based on the pleadings made in the plaint and the documents produced along with the plaint. A plaint cannot be rejected based on the defence statement of the defendant made in the written statement or any averment made in the affidavit filed in support of the application filed under Order 7 Rule 11 of the Code of Civil Procedure.
I would be surprised if any judgement is found to support you.
R.K Nanda
(Expert) 18 September 2013
agree with sethi.
C.V.Kansara
(Expert) 18 September 2013
Agree with expert. Refer cpc.
prabhakar singh
(Expert) 18 September 2013
Law is enacted by voting power is a TRUTH.
Law is expected to be understood by men of ordinary prudence is also a TRUTH.
Yet every body never understands law correctly is also a truth.
Law can never be understood by exercising voting rights or can it be?
