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Showing contexts for: bbc act in Shankar Rai @ Shiv Shankar Prasad & Ors vs Shankar Lal Prajapati & Ors on 25 January, 2016Matching Fragments
4. Secondly, the learned senior counsel submitted that since it has reached the finality, therefore, also the present suit barred by res judicata.
5. So far Order VII Rule 11 Clause (a) CPC is concerned, the plaint can be rejected where it does not disclose a cause of action. Cause of action is said to be bundle of fact which entitles the plaintiff to claim the relief. In the present case from perusal of the plaint, it appears that the plaintiff has set up the case of his title on the ground of settlement by the ex.landlord and thereafter has narrated the subsequent suits filed by the petitioner for eviction of the plaintiffs. It may be mentioned here that the plaintiff has got no cause of action is different matter. The question whether the plaint disclosed a cause of action is also different matter. If the plaint does not disclose a cause of action that can be considered while deciding an application under Order VII Rule 11 CPC. So far the question as to whether the plaintiff has the cause of action or not that can be decided only after evidences of both the parties are adduced. In the present case, the main defence and the submission of the learned senior counsel is that the question of title has already been decided in the earlier suit. So far this question is concerned, it is admitted fact that the earlier suit was filed under the BBC Act. The eviction decree was passed under the BBC Act.