This civil miscellaneous petition challenging the rejection of a plea for rejection of plaint under Order VII Rule 11 CPC is dismissed. The court noted that res-judicata questions involve facts and cannot be decided as a preliminary issue without framing an issue.
The civil miscellaneous petition challenging the impugned order is dismissed.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Miscellaneous Jurisdiction) C.M.P. No.652 of 2022
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Maya Devi, W/o Late Subhash Sah, D/o Late Chandi Sah, aged about 59 years, Resident of village Chamaridih, P.O. and P.S. Jasidih, Sub-division and District-Deoghar, at present residing at village Babhangama, P.O. and P.S. Sarath, Sub-divisional Madhupur, District-Deoghar .... .... …. Defendant/Petitioner
Versus
All residents of village Chamaridih, P.O. and P.S. Jasidih, Subdivision and District-Deoghar, at present residing at Kalirakha, Deoghar, P.O., P.S. and District-Deoghar
.... .... .... Plaintiffs/Opposite Parties
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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
For the Petitioner : Mr. Vineet Prakash, Advocate For the Respondents : Mr. Lalit Yadav, Adv.
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Order No.09 Dated- 06.12.2023
Heard learned counsel for the parties.
Petitioner/defendant has also filed a separate petition in the Title Suit No.196 of 2016 for rejection of plaint on the aforesaid
grounds. The learned court below after considering the above averments of the plaint and judgment of Hon’ble Apex Court rendered in the case of Srihari Hanumandas Totala vs. Hemant Vithal Kamat & Ors. reported in (2019) 9 SCC 99 , wherein it was observed that since an adjudication of plea of res-judicata requires consideration of the pleading, issues and decision in the previous suit, such a plea will be beyond the scope of Order VII, Rule 11(1)(d) of CPC. Moreover, the questions of the res-judicata are mixedquestions of law and facts, which may be considered after settlement of the suit as a preliminary issue.
(Pradeep Kumar Srivastava, J.)
Pappu/
2 issues framed by the court
Whether the plea of res-judicata is maintainable under Order VII Rule 11 CPC without framing an issue.
Whether the High Court should interfere with the lower court's rejection of the plea to reject the plaint.
Colour shows how this judgement treated each authority
Srihari Hanumandas Totala vs. Hemant Vithal Kamat & Ors.Referred¶20
(2019) 9 SCC 99 · Who else cites this
2 provisions across 1 enactments
Maya Devi
Nand Kishore Sah
Ashish Kumar Gupta
Ajit Kumar Gupta
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
