P&H: Res Sub Judice Plea Requires Consideration of Defence Pleadings, Cannot Alone Justify Rejection of Plaint
The Punjab and Haryana High Court has dismissed a civil revision petition challenging the rejection of an application to throw out a partition suit. Justice Virinder Aggarwal held that the plea of res sub judice could not be decided conclusively by looking only at the plaint, because resolving it required consideration of the parties’ pleadings, including the defence in the written statement.
The petitioner, a defendant in the partition suit, argued that the plaintiff had sought substantially similar relief in two civil suits and that the trial court had wrongly distinguished their claims. She also objected that the plaintiff had...
