Supreme Court of India
Pandurangan v. T. Jayarama Chettiar & Anr.
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What the Court ordered
We hold that enquiry into this question could not have been decided under Order VII, Rule 11 CPC, particularly in the context of the specific averments made by the appellant in the plaint about the ex parte decree, the circumstances surrounding the said transaction and the prayer in the suit for declaration and the consequential relief.
Judgment, page 8
From the headnote
Issue for Consideration Whether objection of res judicata can be taken to bar the suit u/Or.VII, R.11, CPC. Headnotes† Code of Civil Procedure, 1908 – Or.VII, R.11 – Rejection of plaint – Appellant purchased a disputed property from one HB, who had in turn purchased it from JA – Later, appellant came to know that defendant no.1, claiming to be a co-owner filed a suit for partition against JA and others and also secured an ex parte decree in his favour – Compelled by these circumstances, the appellant instituted the present suit for declaration of title and permanent injunction – Defendant
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