How to draft a petition U/O 7 Rule-11 of CPC for rejection of the plaint on the basis of Res-Judicata? What are the ingredients of Res-Judicata? The sample /draft is given here, please do the necessary amendments as per the facts of the case.

Petition U/O 7 Rule-11 of CPC for rejection of the plaint

Purpose: An application for rejection of plaint, which has been filed regarding a dispute that was already settled down by the competent court of law.

Forum: Trial/civil Court.

Title: same as per pending suit.

PETITION U/O 7 RULES  11 OF CPC ALONG WITH ALL OTHER ENABLING PROVISIONS

Respectfully Sheweth:-

That the petitioner is the defendant in the above tiled suit which is pending adjudication before this Hon’ble court and fixed for today.

That the respondent earlier filed a suit for permanent and mandatory injunction titled “Muhammad Saleh Vs Hussain Ali etc” on the same subject matter which remained pending till 23.03.2020, meaning thereby at the time of filing of the instant suit on the same subject matter, this was hit by Section 10 of CPC but respondent maliciously concealed the pendency of the earlier suit from this Hon’ble court. 

That the suit mentioned in the preceding para was dismissed on 23.03.2020 by the Hon’ble court of learned civil judge, Rawalpindi and that order has attained finality because the respondent never assailed the order of dismissal of the suit. The Section 11 of CPC contains the principle of ‘Res Judicata’

That even otherwise, the instant suit is not maintainable under Rule 2 of Order 2 CPC, which is reproduced here for kind perusal of this Hon’ble court:-

Relinquishment of part of the claim: Where a plaintiff omits to sue in respect of or intentionally-relinquishes, any-portion-of-his-claim, he shall not-afterward-sue in respect of the portion so -omitted or-relinquished.

Explanation: for the purposes of this rule an obligation and collateral security for its performance and successive claims arising under the same obligation shall be deemed respectively to constitute but one cause of action.  

That the principle of res judicata and order 2 rule 2 of CPC are embodied by legislatures to lessen the burden on the courts and to facilitate the litigants from the agony of double jeopardy.

Article 20(2) of the Constitution of the Islamic Republic of Pakistan also provides a safeguard against double jeopardy.

That the respondent at the very first stance maliciously concealed the pendency of his earlier suit to keep the instant suit running, later on, he did not prefer to assail the order dated 23.03.2020, whereby his earlier suit was dismissed, so the instant suit is hit by the principle of res judicata and even otherwise, claims raised in the instant suit were relinquished in the earlier suit, hence the instant suit is hit by the fetal provision of order 2 rule 2 of CPC.

That in the plaint rights or claims on the basis of the partnership which is admitted not registered as provided under Partnership Act 1932, hence the suit is barred U/S 69 of the Partnership Act 1932.  

That the instant suit is clearly hit by provisions of Order 7 Rule 11(d) which also barred such kind of suits.

That the petitioner is facing the agony of malicious litigation at the hands of the respondent for three years and has also suffered the loss of financial resources as well.

That in case of not accepting the instant application, the petitioner shall suffer irreparable loss.   

PRAYER:

In view of the above circumstance, it is, most respectfully prayed that the instant application may kindly be accepted and the plaint may kindly be rejected U/O 7 Rule 11 of CPC, in the best interest of justice.

Petitioner /defendant         Through     Counsel