VidhiSangh

Supreme Court of India · 29/03/2023

PREM KISHORE & ORS. versus BRAHM PRAKASH & ORS

[2023] 4 S.C.R. 635 · 2023 INSC 317

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Summary

A landlord's first eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 was dismissed in 1998 after he failed to lead evidence on the disputed landlord-tenant relationship. His successors filed a second petition in 2001 on a fresh notice. The Rent Controller refused to reject it, but the Delhi High Court in revision rejected the plaint under Order VII Rule 11(d) CPC as barred by res judicata, treating the 1998 order as a decision on merits under Order XVII Rule 3. The Supreme Court set this aside: a plea of res judicata, which requires examination of the pleadings, issues and judgment in the former suit, is beyond the scope of Order VII Rule 11(d), and the 1998 order, passed with no evidence on record, was a dismissal for default and not a decision on merits under Order XVII Rule 3.

Issues

  1. Whether a plaint can be rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 on the ground that the suit is barred by res judicata.
  2. Whether dismissal of an eviction petition for the plaintiff's failure to lead evidence, with no evidence on record, is a decision on merits under Order XVII Rule 3 CPC capable of operating as res judicata.

Provisions considered

Held

Result

Appeal allowed; Delhi High Court judgment dated 04.05.2010 in CRP No. 1332 of 2002 rejecting the plaint of Eviction Petition No. 136 of 2001 set aside; the eviction petition revived, with liberty to the defendants to seek decision of the res judicata plea as a preliminary issue; no costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 635.