In Brief
A property was mortgaged to KSFC and subsequently auctioned to the predecessor of the appellant. When the original owner filed a later suit challenging the auction and sale deed, the appellant sought to reject the plaint under Order 7 Rule 11 of the CPC on grounds of res judicata, arguing the issues had already been decided in an earlier possession suit. The Supreme Court held that whether a suit is barred by res judicata cannot be determined solely from the plaint's face, as it requires examining the pleadings, issues, and judgment of the previous suit. Such determination lies beyond Order 7 Rule 11 and must occur during trial. The Court upheld the dismissal of the rejection application and granted the appellant liberty to raise maintainability as a preliminary issue.
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