Res Judicata Can't Be Ground To Reject Plaint Under Order VII Rule 11 CPC : Supreme Court

The Supreme Court held that a plea of 'res judicata' cannot be decided in an application filed under Order VII Rule 11 of the Code of Civil Procedure for rejection of a plaint.

The Court held that res judicata is an issue to be decided in trial and cannot be summarily decided in an application to reject the plaint.

A bench comprising Justice PS Narasimha and Justice Joymalya Bagchi was hearing a challenge to the Madras High Court's order which approved the rejection of the plaint on the ground of res judicata. Allowing the appeal against the High Court's order, the bench held that "the objection of res judicata cannot be taken to bar the suit under Order VII, Rule 11, CPC."

The bench referred to the recent precedent in Keshav Sood v. Kirti Pradeep Sood (2023). Reference was also made to the judgment in V. Rajeshwari v. T.C. Saravanabava (2004) 1 SCC 551 which held that identifying similarity in causes of action should be a matter for trial where documents from the first suit are studied and analysed.

"Res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint," the Court observed.

Allowing the appeal, the Court observed :

"While we clarify that we have not expressed any opinion on the question as to whether the ex parte decree in O.S. No. 298/96 dated 29.07.1997 would or would not operate as res judicata barring the present suit, we hold that enquiry into this question could not have been decided under Order VII, Rule 11 CPC, particularly in the context of the specific averments made by the appellant in the plaint about the ex parte decree, the circumstances surrounding the said transaction and the prayer in the suit for declaration and the consequential relief."

Case : Pandurangan v. T. Jayarama Chettiar and another

Citation : 2025 LiveLaw (SC) 698

Click here to read the judgment