AIR 1920 MADRAS 449 ::(1920) 12 Mad LW(136) 457 ::1920 (12) Mad LW 457 ::1920 Mad WN 616 ::(1921) 60 Ind Cas 694

Madras High Court

Hon'ble Judge(s): Sadasiva Aiyar, Napier , JJ

Civil P.C. (5 of 1908) , S.11, O.7 R.11, O.7 R.13— Rejection of plaint after full trial on merits operates as res judicata in subsequent suit on same cause of action - Right of contribution found not to exist - Finding is binding in subsequent suit in respect of same cause of action. Where a Court passes an order rejecting a plaint after a full trial on the merits and recording a finding adversely to the plaintiff, a subsequent suit for the same subject-matter and based on the same cause of action will be barred as res judicata. Under a razinama P and D had to pay in equal shares maintenance to Mannually, P paid the whole of the maintenance for two years and brought a suit to recover from D his share. The appellate Court held that as the razinama did not contain any term giving P the right to sue D for contribution when the latter failed to pay his share, P had no legal right to recover and rejected the plaint as disclosing no cause of action. P then brought the present suit on the same cause of action and for the same subject-matter: Held: that the finding in the previous suit operated as res judicata to bar the present suit.