NDLI: Srihari Hanumandas Totala Vs. Hemant Vithal Kamat & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Civil Procedure 1908
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Code of Civil Procedure 1908: Or. 7 r. 11 – Rejection of plaint – Application u/Or. 7 r. 11 – When permissible – On facts, matter pertaining to property dispute wherein property initially in the name of first respondent and his brother, later mortgaged to State Finance Corporation as security for repayment of loan – Auction of property for non-payment of loan amount and property purchased by the third respondent and thereafter, execution of sale deed of property in his favour – However, the first respondent and his brother did not hand over the possession of the suit property – Suit for possession by the third respondent and on the other hand suit by first respondent challenging execution of sale deed by the State Finance Corporation in favour of the third respondent – Held: On a reading of the plaint of the subsequent suit, it is evident that the first respondent did not make an attempt to conceal the fact that a suit regarding the property was pending before the civil court at that time – At the time of institution of the subsequent suit by the first respondent, no decree had been passed by the civil court in the earlier suit – Thus, the issues raised in the earlier suit, at the time, had not been adjudicated upon – Thus, the subsequent plaint on the face of it, did not disclose any fact that may lead to the conclusion that it deserves to be rejected on the ground that it is barred by principles of res judicata – High Court and the trial court justified in holding that to decide on the arguments raised by the appellant, successor of third respondent, the court would have to go beyond the averments in the plaint, and peruse the pleadings, and judgment and decree in the earlier suit – Application u/Or. 7 r. 11 to be decided within the four corners of the plaint – Trial court and High Court correct in rejecting the application u/Or. 7 r. 11(d) – Plaint was not liable to be rejected u/Or. 7 r. 11(d) – Order passed by the High Court upheld.Or. 7 r. 11 – Rejection of plaint – Application u/Or. 7 r. 11 – Guiding principles to decide – Stated. s. 11 – Res judicata – Rule of res judicata – Held: Court shall not try any suit or issue in which the matter that is directly in issue has been directly or indirectly heard and decided in a ‘former suit’ – Thus, for adjudicating on the issue of res judicata it is necessary that the same issue (that is raised in the suit) has been adjudicated in the former suit.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2021 INSC 387
Petitioner	Srihari Hanumandas Totala
Respondent	Hemant Vithal Kamat & Ors.
SCR	[2021] 8 S.C.R. 387
Judgement Date	2021-08-09
Case Number	4665

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