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    <title>2018 (2) TMI 2098 - Supreme Court</title>
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    <description>Under Order VII Rule 11 CPC, a plaint can be rejected only if the bar of law is apparent from the plaint itself, and the court cannot examine the defence in the written statement at that stage. The objections based on Order II Rule 2, Section 69 of the Partnership Act, and res judicata required scrutiny of earlier proceedings and could not be decided solely on the plaint averments. As the plaint did not, on its face, show that the reliefs in the present and earlier suits were identical, no immediate bar was established. Such objections may be considered after issues are framed and evidence is recorded.</description>
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      <title>2018 (2) TMI 2098 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=308854</link>
      <description>Under Order VII Rule 11 CPC, a plaint can be rejected only if the bar of law is apparent from the plaint itself, and the court cannot examine the defence in the written statement at that stage. The objections based on Order II Rule 2, Section 69 of the Partnership Act, and res judicata required scrutiny of earlier proceedings and could not be decided solely on the plaint averments. As the plaint did not, on its face, show that the reliefs in the present and earlier suits were identical, no immediate bar was established. Such objections may be considered after issues are framed and evidence is recorded.</description>
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      <pubDate>Wed, 21 Feb 2018 00:00:00 +0530</pubDate>
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