Pandurangan Vs T. Jayarama Chettiar 2025 INSC 825 - Order VII Rule 11 CPC - Res Judicata
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Can the plea of res judicata in application seeking rejection of plaint?
Code of Civil Procedure 1908 -Order VII Rule 11- The adjudication of the plea of res judicata is beyond the scope of Order VII, Rule 11 CPC- Res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint -Identifying similarity in causes of action should be a matter for trial where documents from the first suit are studied and analysed. Res judicata cannot be a matter of speculation or inference.
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