Rejection of Plaint--Second Application Under Order VII Rule 11 CPC Barred by Res Judicata When Earlier Maintainability Order Attained Finality
A second application under Order VII Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of a plaint is barred by res judicata if the same issue was directly and substantially decided in earlier proceedings that attained finality. Invocation of different sub-clauses in the subsequent application does not take the matter outside the scope of res judicata, as any ground that could and ought to have been raised earlier is deemed to have been in issue under Explanation IV to Section 11 of the CPC. A subsequent Supreme Court judgment does not override res judicata unless it completely undermines the legal foundation of the earlier determination. Section 6(5) of the Hindu Succession Act, 1956 is a saving clause of narrow application and does not create a jurisdictional bar to institution of a partition suit.
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