Suit should not be dismissed unless both parties adduce evidence except in certain circumstances

Alka Gupta v. Narender Kumar Gupta, (2010) 10 SCC 141

 Civil Procedure Code, 1908 

 Or. 2 R. 2, S. 11 and Or. 6 R. 2 - Dismissal of suit as barred under Or. 2 R. 2 - Condition precedent for - Unless plea of
such bar is raised by defendant and issue is framed thereon, held, court cannot dismiss suit as so barred - Raising of
plea of res judicata by defendant would not meet said requirement - Distinction between pleas of res judicata/constructive
res judicata and plea of bar under Or. 2 R. 2 pointed out,


 Or. 2 R. 2 - Bar of second suit under - Applicability - Held, not applicable where second suit is based on a different and
distinct cause of action,
 Or. 2 R. 2 - Bar of second suit under - Determination of applicability of - Questions relevant for - Only question relevant
therefor, held, is whether relief claimed in both suits arose from same cause of action - Merits and validity of second
claim cannot be considered at this stage - Conduct of plaintiff is not relevant in determining applicability of said bar, 



 S. 11 Explns. III & IV - Res judicata - Constructive res judicata - Meaning of res judicata and essence of res
judicata/constructive res judicata, restated, 

 S. 11 Explns. III & IV - Res judicata - Constructive res judicata - Applicability of bar of - Conditions precedent for
recording finding of, held, are that defendant must establish such plea and plaintiff must be given notice thereof and
opportunity to meet the same - Where High Court did not specify ground of attack which plaintiff ought to have raised in
first suit but instead had raised in second suit, held, bar of constructive res judicata not applicable, (2010) 10 SCC 141-F 
   
 Civil Suit 
 Generally 
 Proper mode of conducting disposal of - Necessity to frame issues before deciding suit - Nature and object of CPC,
restated - Held, civil suits have to be proceeded with in accordance with law and provisions of CPC and not on whims of
court - Therefore, except cases covered by statutory exception or exemption under CPC or any other law, civil suits have
to be decided after framing issues and trial permitting parties to lead evidence - Illustrative provisions of CPC
enumerating circumstances in which civil suit can be dismissed without trial, and provisions for expeditious disposal,
noticed - In the present case, trial court issuing summons in second suit between same parties, for settlement of issues,
framing issues and deciding issue as to applicability of bar of res judicata on ground of issue raised therein having been
directly and substantially adjudicated in first suit - Without consent of parties and without affording them opportunity to
lead evidence, trial court dismissing said second suit on the basis of inferences it drew from plaintiff's conduct that
plaintiff was unscrupulous who abused process of court and manipulated documents - Such decision, held, violative of
Or. 15 R. 3, arbitrary and illegal, (2010) 10 SCC 141-G 
   
 Civil Procedure Code, 1908 

 S. 35 - Levy of costs - Manner of - Reiterated, provisions of CPC should be followed - On facts levy of costs (Rs 50,000)
disapproved, (2010) 10 SCC 141-H 
   

Print Page