Does res judicata apply on rejection of plaint?
Asked by: Irwin Schoen DDS | Last update: February 10, 2026Score: 4.1/5 (47 votes)
No, res judicata generally does not apply to the rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure (CPC) because rejection is a procedural order, not a decision on the merits, allowing the plaintiff to file a fresh suit after curing defects (like insufficient court fees or lack of cause of action). However, a plea of res judicata (that the matter is already decided) can be grounds for rejection if it's evident from the plaint itself that the suit is barred, but this is rare, as res judicata usually requires examining prior judgments and evidence, which happens at trial, not summarily at the rejection stage.
Does res judicata apply to rejection of plaint?
A plea of res judicata cannot be a ground to reject a plaint under Order VII Rule 11 CPC. Such plea must be adjudicated only during trial, after complete consideration of the earlier proceedings. The orders of the Trial Court and High Court were set aside. The suit O.S.
What are exceptions to res judicata?
Browne, the court also noted that an exception to the rule of res judicata is when the prior proceeding is dismissed without prejudice, allowing the plaintiff to re-file the action after curing the defects, or where the judgment reserves the right of the plaintiff to bring another action.
Where is res judicata not applicable?
As a general rule, the principle of res judicata is not applicable to tax related proceedings. An assessment of particular year is final, complete and binding in relation to the assessment year in which the decision is given.
What is the rule for rejection of plaint?
without any doubt or dispute shows that the suit is barred by any law: Order 7, Rule 11 (d) CPC applies only where the statement as made in the plaint without any doubt or dispute shows that the suit is barred by any law in force. It does not apply in case of any disputed question.
Order 7 Rule 11 (D)| Rejection of Plaint | Can Res judicata be also ground for rejection| SC answers
What happens if a plaint is rejected?
Rejection of a plaint refers to a legal action where the court dismisses a lawsuit at the very outset by refusing to entertain the plaintiff's initial filing, known as a “plaint,” due to fundamental defects or non-compliance with legal requirements.
What to do after rejection of plaint?
The Supreme Court emphasized that once a plaint is rejected under Order VII Rule 11(d) CPC, the plaintiff retains the right to file a fresh suit on the same cause of action under Order VII Rule 13 of the CPC.
What are the conditions for application of res judicata?
It provides: 1) There must be two suits - a former suit that has already been decided by a competent court, and a subsequent suit. The parties and issues must be the same in both suits. 2) The matter in the subsequent suit must be directly and substantially the same as the matter decided in the former suit.
What are the key elements of res judicata?
The elements of Res Judicata include 1) a prior final judgment 2) identity of the parties and 3) a second action being brought that arise out of the same claims.
What are the exceptions to constructive res judicata?
Exceptions and Limitations: The Balance of Justice
The principle of res judicata is not absolute. It does not apply if the previous judgment was obtained by fraud or collusion. A judgment obtained through deceit cannot be a foundation for finality. It also does not apply if the former court lacked jurisdiction.
What is Section 10 of the res judicata?
Section 10 of the Code of Civil Procedure, 1908 no doubt lays down that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating ...
Which landmark case is constructive res judicata?
The Hon'ble Supreme Court in the case of M. Nagabhushana v. State of Karnataka, (2011) held that principle of Constructive Res Judicata as explained in the Explanation IV of Section 11 of CPC is applicable to Writ Petitions.
What is the difference between res judicata and claim preclusion?
Res judicata, also known as claim preclusion, prohibits lawsuits involving the same cause of action and the same parties if the court has entered a final judgment on the merits.
Are there exceptions to res judicata?
There are limited exceptions to res judicata that allow a party to attack the validity of the original judgment, even outside of appeals.
What is the difference between implications of rejection of plaint and return of plaint?
Rejection of plaint is a substantive act where the court finds that the plaint itself suffers from inherent legal or procedural defects, making it incapable of proceeding to trial. Unlike return, rejection results in the termination of the suit at the threshold.
Why is rejection of plaint a deemed decree?
Held that rejection of a plaint is a deemed decree because it finally disposes of the matter.
What is order 7 rule 11 d of cpc?
Order 7 Rule 11 of the Code provides for rejection of plaint, clause (d) whereof specifies “where the suit appears from the statement in the plaint to be barred by any law”.
What does the CPC deal with the principles of res judicata?
Res judicata, governed by Section 11 of the Code of Civil Procedure, 1908, is a doctrine that prohibits a court from re-examining a case that has already been conclusively decided by the same court, involving the same parties, subject matter, and under the same title.
Is res judicata estoppel?
Res judicata is often referred to as "claim preclusion". Collateral estoppel is often referred to as "issue preclusion". Res judicata is raised when a party thinks that a particular claim was already, or could have been, litigated and therefore, should not be litigated again.
When res judicata does not apply?
The Supreme Court clarified that while res judicata applies to legal issues related to the facts of a case, it does not cover new causes of action or changes in law that arise after the initial judgment.
What is the difference between res judicata and constructive res judicata?
In cases of continuing or recurring causes of action (e.g., divorce), subsequent proceedings are not barred by res judicata if the cause of action remains different, but they may be barred by constructive res judicata if issues are identical and could have been litigated earlier Sources: Shanthakumari @ Shanthi VS ...
Which writ is not applicable to res judicata?
32 of the Constitution. On the question of res judicata, the English and the American Courts agreed that the principle of res judicata is not applicable to a writ of habeas corpus, but they came to that conclusion on different grounds.
Can plaint be rejected on the ground of res judicata?
Order 7 Rule 11. Rejection of Plaint. Even clear case of resjudicata can NOT be a ground to reject the plaint. Only plaint averments have to be seen for rejection of plaint.
What are the 5 stages of rejection?
The 5 stages of rejection, adapted from the Kubler-Ross grief model, are typically Denial, Anger, Bargaining, Depression, and Acceptance, representing emotional responses to loss or disappointment, such as in job applications, academic submissions, or relationships, where individuals may cycle through these feelings non-linearly to eventually process the event and move forward.
What is the remedy against rejection of plaint?
a decision rightly or wrongly given was an order of rejection of a plaint and an order of rejection of a plaint is a decree as defined in Section. 2 of the Code. If the plaintiff felt aggrieved by this order his remedy lay either by an application under O 47, R (1) or by filing an appeal against it.