High Court allowed revision prayer directing trial court to frame issue on res judicata as preliminary question since rejection of plaint on this ground involves mixed law and facts and cannot be disposed of via Order VII Rule 11 CPC.
Directed trial court to frame issue relating to plea of res judicata. Suit to be disposed of on or before 30.11.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(MD)No.324 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :10.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(MD).No.324 of 2023 and C.M.P.(MD).No.1543 of 2023
K.Jagadeesan ... Petitioner
Vs.
1.S.Muruganantham
2.N.Sami Veerappa 3.N.Kumaraguru ... Respondents
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 22.11.2022 passed in I.A.No.1 of 2022 in O.S.No.128 of 2019, on the file of the District Munsif Cum Judicial Magistrate, Gandharvakottai.
For Petitioner :Mr.V.Meenakshi Sundaram
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C.R.P.(MD)No.324 of 2023
ORDER
The third defendant in a suit for declaration of pathway rights and permanent injunction, is the revision petitioner herein. Pending the suit, the third defendant had filed I.A.No.1 of 2022 to reject the plaint on the ground that the same relief was sought for by the plaintiff in O.S.No. 539 of 1988, on the file of the Additional District Munsif Court, Pudukkottai and it was rejected and the same was confirmed in A.S.No. 72 of 1998. Hence, according to the third defendant, the present suit is barred by Res judicata. However, the learned trial judge has arrived at a finding that the plea of resjudicata is a mixed question of law and facts and hence, the same cannot be decided in an application filed under Order VII Rule 11 of Civil Procedure Code. Challenging the same, the present Civil Revision Petition has been filed.
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Code. However, the learned counsel appearing for the revision petitioner submits that the trial Court may be directed to frame an issue, in the light of the defence taken by the third defendant in paragraph No.17 of the written statement. While, confirming the order of dismissal of rejection of plaint, this Court, directs the trial Court to frame an issue relating to the plea of Res-judicata, as one of the issue to be tried along with the other issues during trial.
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C.R.P.(MD)No.324 of 2023
Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
10.02.2023
Index :Yes / No Internet :Yes / No Speaking Order/Non-Speaking Order sbn
To
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C.R.P.(MD)No.324 of 2023
R.VIJAYAKUMAR ,J.
sbn
C.R.P.(MD).No.324 of 2023 and C.M.P.(MD).No.1543 of 2023
10.02.2023
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1 issue framed by the court
Whether a plea of res judicata, being a mixed question of law and facts, can be decided via an application under Order VII Rule 11 CPC to reject the plaint?
2 provisions across 2 enactments
K. Jagadeesan
S. Muruganantham
N. Sami Veerappa
N. Kumaraguru
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
