CRP/6634/2026 of Mahendran Vs Kuppusamy on 15 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 29.08.2025 passed in I.A.No.5 of 2024 in O.S.No.96 of 2022 on the file of District Munsif Court, Paramathi, wherein the application filed by the petitioners/defendants 8 and 9 under Order

XIV Rule 2(a)(b) CPC to frame preliminary issue was partly allowed and it was rejected insofar as the claim made by the petitioners/defendants 8 and 9 to frame a preliminary issue on the point of res judicata.

2. Heard learned counsel for petitioners and carefully perused the materials available on record. This Court also went through the impugned order.

3. The respondent is the plaintiff, who filed the suit in O.S.No.96 of 2022 seeking for the relief of declaration and permanent injunction and for other consequential reliefs. The petitioners/defendants 8 and 9 took a stand that the present suit is not maintainable since there was an earlier suit filed by the respondent/plaintiff in O.S.No.117 of 2015 wherein the respondent/plaintiff had sought for the similar relief of declaration of title and for permanent injunction and this suit ended in compromise between the parties and thereafter, the subsequent suit has been filed for the same cause of action. Therefore, according to petitioners/defendants 8 and 9, the suit is barred by res judicata and the relief sought for in the suit is also hopelessly barred by limitation and that proper Court fees has also not been paid by the respondent/plaintiff. Hence, the application was filed for framing preliminary issues.

4. The Court below, on considering the rival contentions, partly allowed the application and framed the preliminary issues with respect to the law of limitation, Court fees paid and also the pecuniary jurisdiction of the Court and insofar as the issue of res judicata is concerned, the Court below found that it requires deeper consideration of facts and it cannot be decided as a preliminary issue. Aggrieved by this portion of the order, the present revision has been filed.

5. In the considered view of this Court, admittedly, the earlier suit was settled out of Court and that there was no occasion for the Court to deal with the issue and render a finding on the issue. Unless this requirement is satisfied, Section 11 CPC will not come into play. Hence, the Court below was right in not framing res judicata as a preliminary issue. The order passed by the Court below does not suffer from any perversity warranting interference of this Court. Accordingly, this civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The District Munsif Court, Paramathi.

N.ANAND VENKATESH, J. gm Civil Revision Petition No.6634 of 2026 15-10-2026