The Supreme Court noted that the Res Judicata cannot be a way for the dismissal of the plaint under Order VII Rule 11(d) of the Code of Civil Procedure.
In the lawsuit listed by the plaintiff, the defendant registered an application for dismissal of the plaint under Order 7 Rule 11 of the CPC on the ground that the lawsuit was rejected by res judicata as the grounds reporting to the legality of the sale deed and the issue of the title were put in the previous suit.
The Trial Court, while denying this application held that the issue as to whether the suit is prohibited by res judicata cannot be determined in an Order 7 Rule 11 application but has to be determined in the suit. The High Court rejected the Revision Petition filed against the order of the Trial Court.
In appeal, the bench remarked that the Order 7 Rule 11(d) of CPC gives that the plaint shall be denied
” where the suit appears from the statement in the plaint to be barred by any law”.
The court also pointed to different judgments on the phase of res judicata including Soumitra Kumar Sen v. Shyamal Kumar Sen, Kamala & others v. KT Eshwara Shakti Bhog Food Industries Ltd. v. Central Bank of India