In Brief
This appeal concerns whether a second eviction petition filed under the Delhi Rent Control Act was barred by res judicata. The landlord's father initially filed an eviction petition in 1996 claiming unpaid rent. When the tenant denied the landlord-tenant relationship, the plaintiff failed to appear and adduce evidence. The petition was dismissed in 1998. Years later, the landlord's successors filed a second eviction petition. The High Court rejected the plaint on res judicata grounds, treating the first dismissal as a decision on merits. The Supreme Court allowed the appeal, holding that res judicata cannot apply without a substantive decision on the disputed issue. The first dismissal was merely for want of evidence without final adjudication of the core issue. The Court clarified that res judicata pleas under Order 7 Rule 11 CPC require proof from prior proceedings' pleadings and judgment, not speculation or written statements in the current case.
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