https://www.taxtmi.com/caselaws?id=462771 A plea of res judicata cannot ordinarily form the basis for rejection of a plaint under Order VII Rule 11(d) because that enquiry must be confined to the plaint averments, while res judicata usually depends on pleadings, issues and the record of the earlier proceeding. The Court also noted that an earlier eviction petition dismissed for failure to lead evidence is not, by itself, a decision on merits for res judicata unless the record shows a substantive adjudication. On that footing, the rejection of the eviction petition was held unsustainable and the matter was restored for consideration in accordance with law. en-us Wed, 29 Mar 2023 00:00:00 +0530 Tue, 15 Jul 2025 19:09:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462771 A plea of res judicata cannot ordinarily form the basis for rejection of a plaint under Order VII Rule 11(d) because that enquiry must be confined to the plaint averments, while res judicata usually depends on pleadings, issues and the record of the earlier proceeding. The Court also noted that an earlier eviction petition dismissed for failure to lead evidence is not, by itself, a decision on merits for res judicata unless the record shows a substantive adjudication. On that footing, the rejection of the eviction petition was held unsustainable and the matter was restored for consideration in accordance with law. Case-Laws Indian Laws Wed, 29 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462771