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Amicus Curiae (Judiciary)     07 June 2023

Rejection of plaint

Does rejection of a plaint on the basis of no legal character or locus standi amount to dismissal of suit and same operates as res judicata? 


 2 Replies

RAUL   07 June 2023

The rejection of a plaint on the basis of no legal character or locus standi can indeed amount to the dismissal of the suit. In such cases, the court determines that the plaintiff lacks the legal capacity or standing to bring the suit and, as a result, the plaint is not allowed to proceed further. This dismissal essentially terminates the lawsuit at an early stage.

However, the dismissal of the suit on the grounds of no legal character or locus standi typically does not operate as res judicata. Res judicata is a legal principle that prevents the same matter from being re-litigated between the same parties once a final judgment has been issued on the merits of the case. It establishes that the matter has been finally adjudicated and cannot be brought before the court again.

Since the rejection of a plaint on the basis of no legal character or locus standi occurs before the merits of the case are examined, it does not usually create a bar to future litigation on the same issue. The plaintiff may have the opportunity to correct the deficiencies in the plaint, amend it, or refile the suit with the necessary legal character or locus standi.

{It's important to note that specific legal rules and procedures can vary between jurisdictions, so it's always advisable to consult the relevant laws and seek legal advice specific to your jurisdiction for accurate information on this matter.}

Hope this issue is clarified!

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T. Kalaiselvan, Advocate (Advocate)     07 June 2023

If the suit is planned to be filed with same cause of action without adding any new cause by correcting the defects of the dismissed plaint, then it may be considered as res judicata.

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