In the case of U.P. SRTC v. State of U.P., (2005) 1 SCC 444 : AIR 2005 SC 446, the Supreme Court has held that the principle of res judicata is based on the need of giving a finality to judicial decisions. The principle which prevents the same case being twice litigated is of general application and is not limited by the specific words of Section 11 CPC in this respect. The Supreme Court further held that res judicata applies also as between two stages in the same litigation to this extent that a court, whether the trial court or a higher court having at an earlier stage decided a matter in one way will not allow the parties to reagitate the matter again at a subsequent stage of the same proceedings.
Relying upon the above Supreme Court judgment, in a recent case decided by the Madhya Pradesh high court, in Mannu Raje Trust v. Mohd. Ajad, (2017) 2 MP LJ 300 (MP), has held that if at an earlier stage of the same suit, identical application under Order 7 Rule 11 of the CPC had been moved and the same had been rejected then the subsequent application under the same provision of law will not be maintainable being defeated by the principle of res judicata. It was further held that, even otherwise, if the grounds mentioned in the previous and subsequent applications under Order 7, Rule 11, Civil Procedure Code are different, then also the subsequent application would be barred by the principle of constructive res judicata as the ground raised in the subsequent application was available at the time when the previous/first application under Order 7, Rule 11, Civil Procedure Code was moved.
In view of the above, it may not be possible to move a repeated application under Order 7 Rule 11 of the CPC in the same suit.
As regards the second issue of amendment of the petition / application, you may try moving the court seeking an amendment to your petition, with justifiable reasons. If the court grants you permission for amending it, you may do so.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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