Evaluation Of The Rationale Of Denying Res Judicata As A Ground For Rejection Of Plaint

Sanjeev Kumar Choudhary, Assistant Professor of Law, Gujarat National Law University, Gandhinagar, Gujarat (INDIA).

ABSTRACT

The code of Civil Procedure provided various grounds on which a plaint can be rejected by the Court. In many of the cases, res judicata is being pleaded as a ground for the rejection of plaint. Though, there has been several judgments providing the guidance in relation to the applicability of res judicata as the ground for rejection. However, recently, the Hon’ble Supreme Court very elaborately discussed each and every issue involved in the applicability of the provision of Order VII Rule 11(d) vis-a vis res judicata. This article summarizes various judgments identifying the rationale applicable for denying the applicability of res judicata as a ground of rejection.