Order VII, Rule 11 C.P.C. cannot be properly construed in isolation without understanding the theory of law with reference to its complementary provision, namely, Order VII, Rule 13, C.P.C.

Rule 13 clarifies the consequence of the rejection of the plaint by keeping the right of the plaintiff alive to present a fresh plaint even if based on "the same cause of action” notwithstanding the rejection of the plaint, this is a distinctly unusual provision which also marks a clear distinction from the provisions of Section 11 CPC as same not merely imposes a legal bar on an unsuccessful plaintiff but actually takes away the jurisdiction of the court to try any suit or issue in which the matter directly or substantially in issue has also been in issue in a former suit between the same parties litigating under the same title in a court of competent jurisdiction which has been "heard and finally decided", a well-known principle of res judicata which is one of the foundational principles of our procedural law. Concept of rejection of a plaint under Order VII, Rule 11 read with Rule 13 CPC is clearly distinct from that of a suit which is decided and disposed of in the normal course by a court of competent jurisdiction after recording evidence.

Civil Revision No. 3587-2011 Hadayat Ullah deceased through Legal Heirs etc. Versus Province of the Punjab etc.
Date of Hearing : 30.03.2022