YAKUB MOHMMAD Vs. PEER MOHMMAD

JUDGEMENT

(1.) The applicants/defendants No.1 to 4 have filed this revision under Sec. 115 CPC challenging the impugned order dtd. 22/3/2025 passed by the Civil Judge Senior Division, Simga, District Baloda Bazar - Bhatapara in Civil Suit No.27-A/2023 by which the application filed by the present applicants/defendants under Order 7 Rule 11 CPC for rejection of plaint on the ground of suit being barred by res judicata has not been considered under Order 7 Rule 11(d) CPC. According to learned counsel for the applicants, there is apparent evidence on the face of it that the suit as filed by the plaintiff/respondent No.1 is hit by principle of res judicata and as such it is required to be dismissed at the threshold. However, the same has not been considered by the Trial Court, as such this revision has been filed.

(2.) I have heard learned counsel for the applicants.

(3.) The law in this respect is already settled. The principle of res judicata applicable in the case cannot be decided under Order 7 Rule 11 CPC. The Hon'ble Supreme Court has clarified that Order 7 Rule 11 CPC which deals with rejection of plaint is limited what apparent from the plaint itself and the documents accompanied it. Res judicata on the other hand requires an examination of previous suit(s), pleading(s), issue(s) and judgment(s) which comes beyond the scope of Order 7 Rule 11 CPC. It is not a pure question of law, but a mixed question of fact and law requiring evidence beyond the plaint. Therefore, it cannot be decided at the initial stage of considering an application filed under Order 7 Rule 11 CPC.