VidhiSangh

Supreme Court of India · 14/07/2025

PANDURANGAN versus T. JAYARAMA CHETTIAR & ANR.

[2025] 7 S.C.R. 488 · 2025 INSC 825

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Summary

A plea of res judicata founded on an earlier ex parte decree cannot be decided on an application under Order VII Rule 11 CPC, because it requires examination of the pleadings, issues and decision in the former suit rather than the plaint alone. The Supreme Court set aside the rejection of the plaint and restored the suit for trial.

Issues

  1. Whether a plaint can be rejected under Order VII Rule 11 CPC on the ground that the suit is barred by res judicata by an earlier ex parte decree to which the plaintiff was not a party.
  2. Whether the trial court and the High Court were justified in rejecting the plaint without considering the plaintiff's averments of collusion, fraud and lack of territorial jurisdiction in the earlier suit.

Provisions considered

Held

Result

Appeal allowed; delay condoned; High Court's order in the civil revision set aside; suit O.S. No. 60 of 2009 restored to its original number before the District Munsif, Portonovo, with a direction for expeditious disposal; all defences including res judicata kept open; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 488.