PANDURANGAN Vs. T. JAYARAMA CHETTIAR

JUDGEMENT

(1.) Delay Condoned.

(2.) Leave granted.

(3.) This appeal by the plaintiff arises out of the judgment of the High Court of Madras[Judgment and order dtd. 20/3/2019 in CRP(PD) No. 1454/2014.] dismissing the Civil Revision Petition against the order passed by the District Munsif cum Judicial Magistrate, Portonovo[dtd. 27/1/2014 in I.A. No. 12 of 2010 in O.S. No. 60 of 2009.] allowing Defendant No. 1's objection to the plaint under Order VII Rule 11 of the Civil Procedure Code[Hereinafter "CPC"] on the ground of res judicata. For the reasons to follow, we have allowed the appeal and held that the objection of res judicata cannot be taken to bar the suit under Order VII, Rule 11, CPC.