N.L. ENGINEERS PRIVATE LIMITED, VS RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LIMITED
- Court
- Rajasthan High Court
- Bench
- Jaipur
- Date
- 4 Aug 2026
- Citation / case number
- CFA / 275 / 2022
- Neutral citation
- 2026:RJ-JP:30249-DB
- Judges
- HON'BLE MR. JUSTICE ARUN MONGA; HON'BLE MR. JUSTICE ASHUTOSH KUMAR
- CNR
- RJHC020402692022
Summary
The appellant challenged rejection of its recovery suit under Order VII Rule 11 CPC. HELD- Res judicata cannot be adjudicated under Order VII Rule 11 CPC; however, where the bar of limitation is apparent from the plaint itself, rejection under Order VII Rule 11(d) CPC is permissible, even suo motu. Liberty to approach the Civil Court does not create a fresh cause of action or limitation period. The appeal was dismissed; pending applications, if any, were disposed of.
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