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Discussion

On rejection of plaint under provisions of Order VII Rule 11 Code of Civil Procedure, 1908, presenting of a fresh plaint in respect of the same cause of action, is;

  • A.Barred by principles of Res judicata.
  • B.On its own force, does not preclude the plaintiff from presenting a fresh plaint.
  • C.Barred under Order XXIII.
  • D.None of the above.

Answer: B

Rejection of the plaint does not, of its own force, preclude the plaintiff from presenting a fresh plaint.

Order VII Rule 13 of the Code of Civil Procedure, 1908 says exactly this: the rejection of the plaint on any of the grounds in Rule 11 shall not of its own force preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.

Res judicata needs a decision on the merits, which a rejection is not. Order XXIII deals with withdrawal and compromise of suits, and its bar applies to a suit withdrawn without leave, not to a rejected plaint.

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