THE PRINCIPLE OF RES JUDICATA CANNOT BE INVOKED AS A GROUND FOR THE REJECTION OF A PLAINT UNDER ORDER VII RULE 11(D) OF THE CPC

IN IN THE SUPREME COURT OF INDIA (2023)

IN THE MATTER OF :

KESHAV SOOD V/S KIRTI PRADEEP SOOD

ISSUE: THE ISSUE BEFORE THE SUPREME COURT WAS WHETHER THE PRINCIPLE OF RES JUDICATA COULD BE INVOKED AS A GROUND FOR THE REJECTION OF A PLAINT UNDER ORDER VII RULE 11(D) OF THE CPC.

CONCLUSION: IN THE CASE OF KESHAV SOOD V. KIRTI PRADEEP SOOD, THE

- SUPREME COURT OF INDIA HELD THAT THE PRINCIPLE OF RES JUDICATA CANNOT BE INVOKED AS A GROUND FOR THE REJECTION OF A PLAINT UNDER ORDER VII RULE 11(D) OF THE CPC. THIS RULING CLARIFIES THAT THE APPLICABILITY OF RES JUDICATA IS A QUESTION OF FACT THAT NEEDS TO BE DETERMINED DURING THE TRIAL, AND IT CANNOT BE USED TO REJECT A PLAINT AT THE INITIAL STAGE OF THE PROCEEDINGS.