The High Court of Punjab & Haryana dismissed a civil revision petition challenging the rejection of a plea that a fresh suit was barred by res judicata. The Court held that res judicata cannot be decided on a Rule 11 application without first recording a finding on the issue.
Petitioner is not entitled to any relief; application dismissed.
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In the High Court of Punjab & Haryana at Chandigarh
Civil Revision No. 2983 of 2009 (O&M)
Mange Ram
..... Petitioner
vs
Ranbir and others
.... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Harkesh Manuja, Advocate, for the petitioner.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 31.3.2009 passed by the learned court below whereby the application filed by the petitionerdefendant under Order VII Rule 11 CPC for rejection of plaint was dismissed.
Learned counsel for the petitioner submitted that in an earlier litigation between the parties issue sought to be raised in the fresh suit filed by the respondents had already been gone into and in terms thereof, the fresh suit by them was barred in law.
After hearing learned counsel for the petitioner, I do not find any merit in the present petition. Even if, according to the petitioner, same issue between the parties has already been gone into by a court in an earlier litigation and subsequently a fresh suit is filed raising the same issue, the court has to record a finding on that and then only the claim made by the parties in the subsequent suit can be decided. Simpliciter in an application under Order VII Rule 11 CPC, it cannot be opined that the subsequent suit is barred by law.
Dismissed.
( Rajesh Bindal) Judge
10.12.2009 vs
1 issue framed by the court
Whether a fresh suit raising an already decided issue can be rejected simpliciter under Order VII Rule 11 CPC without recording a finding on the plea.
1 provisions across 1 enactments
Mange Ram
Ranbir and others
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
