Vaish Aggarwal Panchayat Vs. Inder Kumar & Ors.
|
Head Note
The Code of Civil Procedure, 1908 - Order VII Rule (11) , Section 11
Rejection of Plaint - Res Judicata - Allegations in the plaint are absolutely different - There is an asseveration of fraud and collusion - There is an assertion that in the earlier suit a decree came to be passed because of fraud and collusion - In such a fact situation the High Court has fallen into error by expressing the view that the plea of res judicata was obvious from the plaint - In fact, a finding has been recorded by the High Court accepting the plea taken in the written statement -In the obtaining factual matrix there should have been a trial with regard to all the issues framed - Order passed by the High Court rejecting the plaint liable to be set aside and that of the appellate Judge restored - Trial court directed to proceed with the suit and dispose of the same within a period of six months.
Topic(s)-Rejection of Plaint - Res Judicata - Rejection of plaint set aside