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1 - 8 of 8 (3.06 seconds)Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Srihari Hanumandas Totala vs Hemant Vithal Kamat on 9 August, 2021
I. In a case between Srihari Hanumandas
Totala Vs. Hemant Vithal Kamat & Others
reported in (2021) 9 SCC 99 that, plaint in
subsequent suit cannot rejected on ground that
it is barred by principles of res judicata as same
will require production of pleadings, issues
framed and judgment in previous suit, to
compare it with present suit and that cannot be
done for deciding an application under Order 7,
Rule 11(d), as only the averments in the paint
itself may be considered at this stage. The same
can only be determined upon trial of the suit as
CRP No.7 of 2022 Page 6 of 9
only the averments in the plaint itself may be
considered at this stage.
Smt. Omwati And 5 Others vs Raghubar Singh Yadav And 2 Others on 2 June, 2020
(para No.7)
IV. In a case between Smt. Omwati & Others Vs.
Raghubar Singh Yadav & Others reported in
2021 (1) Civ.C.C. 22 (Allh.) that, any question
which requires to be decided on the basis of
evidence of parties, cannot be basis for rejecting
a plaint.
Smt.Usha Rai vs Shrikrishna Sanskrit Pathshala Samiti on 27 March, 2023
(Para No.17)
V. In a case between Usha Rai & Another Vs.
Sanskrit Pathsala Samiti, Pipariya reported
in 2024 (3) Civ.L.J. 424 (MP) that, issue of
"Res Judicata" is a mixed question of law and
fact and should be decided after recording of
evidence of parties.
Tek Chand & Anr. vs . Kimtu Devi. & Ors. Alongwith on 3 October, 2023
II. In a case between Tek Chand & Another Vs.
Kimtu Devi & Others reported in 2024 (3)
Civ.C.C. 667 (HP) (DB) that, plaint cannot be
rejected on a plea of Res Judicata raised by
defendants, because, adjudication of plea of Res
Judicata requires consideration of pleadings,
issues and the decision in the previous suit,
which cannot be done in an application under
Order 7, Rule 11 of the CPC, 1908.
Shashi Kumar Prabhune And Others vs Dr Sanjay Prabhune And Others on 29 January, 2019
In a case between Shashi Kumar Prabhune &
Others Vs. Dr. Sanjay Prabhune & Others
reported in 2025 (4) Civ.C.C. 53 (Raj.) that,
grounds of Res Judicata and cause of action
would be decided after evidence of parties.
Plaint cannot be rejected.
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