In Brief
Respondent filed a suit for declaration of leasehold rights and for injunctions against the appellant. The appellant sought rejection of the plaint, claiming it was barred by res judicata (two earlier unsuccessful suits filed by respondent) and lack of cause of action. The Supreme Court held that under Order VII Rule 11 CPC, res judicata being a mixed question of law and fact cannot be determined without evidence or framing issues. Only the plaint's averments can be examined; the defendant's written statement and external documents cannot be considered at the rejection stage. While establishing locus standi is necessary for granting injunctive relief, such matters must be resolved at trial, not during pleading-stage applications. Appeal dismissed."
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