Rejection of Plaint

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
Suit for Partition filed in the year 1986.

Suit was withdrawn in the year 1996 before trial with a liberty to file fresh suit for the same cause of action.

By 2009, i purchased a property, which was a part in the earlier suit.

Now in 2010, a suit for partition came to be filed by the Plaintiffs in which i was also arrayed as a party.

I filed an application to reject the plaint on the ground Res Judicata. Application dismissed. Even no cause of action in plaint.

What i to do now?

Fresh application to reject plaint or revision before High Court?

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adv. rajeev ( rajoo ) (Expert) 13 November 2010
Yes rightly your application is rejected by the court. Res Judicta will be applicable when there is another suit is filed by the same party against the same party on the same of cause action.
Suit was withdrawn in the 1996 before trial with a liberty to file fresh suit and fresh suit is filed in the year 2010. There were no final order in the suit which was filed in the year 1996. So res judicta wont be applicable.

Arvind Singh Chauhan (Expert) 13 November 2010
I agree with Rajeev Sir.

s.subramanian (Expert) 13 November 2010
No. You cannot seek rejection of the plaint. Partition is a recurring cause of action and any number of suits for partition can be filed on different causes of action. Res judicata plea does not arise. You can file your defence on the ground of bona fide purchase for value without notice and seek the allotment of the property purchased by you to the share of your sellers on the grounds of equity. Good Luck.

Devajyoti Barman (Expert) 13 November 2010
Right. If leave s granted by the court under order 23 of CPC to file afresh later then the subsequent suit is not barred. In any case res judicata does not apply to a subsequent suit if the earlier case is disposed of not on merit. Rather order 2 Rule 2 apples.
This is not a case for rejection of plaint either. You instead of wasting time in perusing such non-maintainable petitions fight your case and if you have bought your property from the legal heirs then you should worry for anything.

Uma parameswaran (Expert) 13 November 2010
On 1996 suit has withdrawn with liberty to file fresh suit. Then there is no question of Resjudicata.

Advocate Rajiv Mishra (Expert) 13 November 2010
i agree with mr. Burman.

Querist : Anonymous (Querist) 13 November 2010
Now the suit is having no cause of action clause. Can i raise that ground?

Kirti Kar Tripathi (Expert) 14 November 2010
yes, you can raise.

R.Ramachandran (Expert) 14 November 2010
Dear Anonymous,
When you say cause of action clause is missing in the plaint - what exactly do you mean? Please elaborate.
According to you what are the clauses should be there which according to you are missing?

Querist : Anonymous (Querist) 15 November 2010
there is no clause for cause of action and the plaintiffs not stated what for the suit is?

They introduced all the defendants and there genealogy. then directly comes to prayer clause.

R.Ramachandran (Expert) 15 November 2010
Yes, you raise the ground that the plaint does not show any cause of action. The court will decide.

Khaleel Ahmed Mohammed (Expert) 20 November 2010
Res judicata once the matter is decided by the court for same subject matter between same parties.Where as you have stated that previous suit has already been withdrawn,you can not plead the res judicata in fresh suit.

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