https://www.taxtmi.com/caselaws?id=278571 An application under Order 7 Rule 11(d) of the Code of Civil Procedure must be decided on the plaint and the documents annexed to it, not on the defendant's defence. A plea that the suit is barred by res judicata cannot support rejection of the plaint at that stage because it requires proper pleadings and reference to the earlier proceedings, making it a mixed question of fact and law. A new objection under Order 23 Rule 3A, not raised in the original rejection application, should also not be entertained in appeal. The order rejecting the plaint was therefore set aside and the suit restored for decision on merits. en-us Wed, 03 Oct 2012 00:00:00 +0530 Tue, 12 Feb 2019 18:25:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=278571 An application under Order 7 Rule 11(d) of the Code of Civil Procedure must be decided on the plaint and the documents annexed to it, not on the defendant's defence. A plea that the suit is barred by res judicata cannot support rejection of the plaint at that stage because it requires proper pleadings and reference to the earlier proceedings, making it a mixed question of fact and law. A new objection under Order 23 Rule 3A, not raised in the original rejection application, should also not be entertained in appeal. The order rejecting the plaint was therefore set aside and the suit restored for decision on merits. Case-Laws Indian Laws Wed, 03 Oct 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=278571