1990 (1) TMI 321 - SC - Indian Laws

Summary

Issues Involved: Maintainability of the suit, applicability of Rule 3A of Order 23, C.P.C., res judicata, cause of action, amendment of the plaint, rejection of the plaint under Order 7 Rule 11, C.P.C.

Detailed Analysis:

1. Maintainability of the Suit:
The primary issue was whether the suit filed by the respondent was maintainable. The appellants argued that the suit was not maintainable based on the plaint averments. The Trial Court and the High Court had previously held the suit to be maintainable, which led to this appeal.

2. Applicability of Rule 3A of Order 23, C.P.C.:
The appellants contended that the suit was barred by Rule 3A of Order 23, C.P.C., which prohibits challenging a decree based on a compromise except on the grounds of fraud, coercion, or misrepresentation. The respondent argued that Rule 3A did not apply as the decree in question was passed before the rule was inserted in 1977. The court did not find it necessary to decide on the applicability of Rule 3A since the matter could be disposed of on other grounds.

3. Res Judicata:
The appellants also argued that the suit was barred by res judicata due to the earlier adjudication between the parties. The respondent did not challenge the validity of the decree based on fraud, coercion, or misrepresentation, but rather on alleged lapses in deciding the earlier suit.

4. Cause of Action:
The court examined whether the plaint disclosed any cause of action or raised any triable issue. The respondent's grounds for challenging the decree were based on alleged lapses, such as the decree being passed against a non-existent entity, the non-discharge of a defendant, and lack of consideration for abandonment of interest. The court found these grounds to be non-existent or irrelevant, thus concluding that the plaint did not disclose any cause of action.

5. Amendment of the Plaint:
During the hearing, the respondent sought to amend the plaint to include additional grounds. The court rejected this application, deeming it highly belated and an after-thought aimed at averting the rejection of the plaint. The proposed amendments were also found to be concluded by earlier adjudications.

6. Rejection of the Plaint under Order 7 Rule 11, C.P.C.:
The court held that the plaint was liable to be rejected under Order 7 Rule 11, C.P.C., as it did not disclose any cause of action. The court emphasized that permitting the continuance of such a suit would amount to licensing frivolous and vexatious litigation. Consequently, the court set aside the impugned orders of the Trial Court and the High Court and rejected the plaint under Order 7 Rule 11, C.P.C.

Conclusion:
The appeal was allowed, and the respondent was ordered to pay the appellants' costs throughout. The court's decision was based on the finding that the plaint did not disclose any cause of action, making the suit non-maintainable.