https://www.taxtmi.com/caselaws?id=307185 A plaint cannot ordinarily be rejected under Order 7 Rule 11(d) on a plea of res judicata because the enquiry is confined to the plaint averments and does not extend to the written statement or the former suit record. Since res judicata generally requires comparison of the earlier pleadings, issues and judgment to determine identity of parties, issues and final adjudication, it is not normally decidable at the threshold. The plaint also was not liable to rejection for insufficient court fee, as no direction to correct the deficiency was shown, and it disclosed a cause of action by pleading the claimed share, the alleged invalid mortgage and sale, and the challenge to the sale deed. en-us Mon, 09 Aug 2021 00:00:00 +0530 Fri, 24 Mar 2023 09:41:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307185 A plaint cannot ordinarily be rejected under Order 7 Rule 11(d) on a plea of res judicata because the enquiry is confined to the plaint averments and does not extend to the written statement or the former suit record. Since res judicata generally requires comparison of the earlier pleadings, issues and judgment to determine identity of parties, issues and final adjudication, it is not normally decidable at the threshold. The plaint also was not liable to rejection for insufficient court fee, as no direction to correct the deficiency was shown, and it disclosed a cause of action by pleading the claimed share, the alleged invalid mortgage and sale, and the challenge to the sale deed. Case-Laws Indian Laws Mon, 09 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307185