https://www.taxtmi.com/caselaws?id=294041 Order 7 Rule 11(d) CPC permits rejection of a plaint only when the bar is apparent from the plaint itself. Res judicata generally requires examination of prior pleadings, issues and adjudication, and cannot be determined from the written statement or disputed facts at the threshold. Where the plaint alleges fraud, collusion and a distinct cause of action, the bar may involve mixed questions of law and fact and is not conclusively resolved on a bare reading of the plaint. Lis pendens likewise does not justify rejection at that stage on the available material. The suit therefore had to proceed to trial. en-us Tue, 25 Aug 2015 00:00:00 +0530 Wed, 17 Mar 2021 09:09:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=294041 Order 7 Rule 11(d) CPC permits rejection of a plaint only when the bar is apparent from the plaint itself. Res judicata generally requires examination of prior pleadings, issues and adjudication, and cannot be determined from the written statement or disputed facts at the threshold. Where the plaint alleges fraud, collusion and a distinct cause of action, the bar may involve mixed questions of law and fact and is not conclusively resolved on a bare reading of the plaint. Lis pendens likewise does not justify rejection at that stage on the available material. The suit therefore had to proceed to trial. Case-Laws Indian Laws Tue, 25 Aug 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=294041