SC: Res Judicata Not A Ground To Reject A Plaint Under Order VII Rule 11 (D) CPC

Factual Background

• The name of the case was Srihari Hanumandas Totala v. Hemant Vithal Kamat.
• The defendant had filed an application for rejecting the plaint under Order VII Rule 11 of CPC stating that it was barred by res judicata.
• The grounds on validity of the sale deed and the title were raised in the previous suit that was filed.
• The Trial Court rejected the application and clarified that if the suit is barred by res judicata is to be decided in the suit itself and there is no requirement on an application under CPC.
• The High Court also rejected the revision petition filed by the defendant against the order.

Pending Case (Revanasiddappa Case)

• For rejecting an application on the ground of it being barred by any law, only the allegations in the plaint must be referred to.
• When determining the merits of the application, the defence must be ignored.
• Determination of restriction by res judicata:
• The original suit has already been decided.
• The issues in the subsequent suit were directly and substantially in issue in the previous suit.
• The previous suit was between the same parties or parties through whom they claim, litigating under the same title.
• The issues in the subsequent suit were adjudicated and finally decided by a court of competent jurisdiction.

Court’s Orders

• Res Judicata cannot be held as a ground for rejecting a plaint under Order VII Rule 11 (d) of the Code of Civil Procedure.
• The Court stated that the plaint would be rejected when a suit appears to be barred by any law from the statement in the plaint.
• The Court observed that there is no fact to arrive at the conclusion that the plaint deserves to be rejected on grounds of it being barred by res judicata.
• The plea of res judicata would fall beyond the scope of Order VII Rule 11 (d) of CPC as it needs consideration of pleadings, issues and decision of the original suit.

What do you think of application of res judicata in the case and the scope under Order VII Rule 11 of CPC? Tell us in the comments section below!