Rajasthan Judiciary 2019

On rejection of plaint under provisions of Order VII Rule 11 of Civil Procedure, 1908, presenting of a fresh plaint in respect of the same cause of action, is:

Verified Answer
A. Barred by principles of Res judicata.
B. On its own force, does not preclude the plaintiff from presenting a fresh plaint.
C. Barred under Order XXIII.
D. None of the above.

Explanation:

Rejection of a plaint under Order VII Rule 11 CPC is not a decree and does not bar a fresh suit on the same cause of action, provided the defects leading to the rejection are rectified. It is not a decision on the merits of the case.