CPC O. 7 R. 11(d) – Mixed question of law and fact which may require not only examination of the plaint but also other evidence and the order passed in the earlier suit may be taken up either as a preliminary issue or at the final hearing, but, the said question cannot be determined at that stage – CPC S. 12

 cpc o. 7 r. 11(d). S. 12  –  The principles of res judicata, when attracted, would bar another suit in view of Section 12 of the Code –  The question involving a mixed question of law and fact which may require not only examination of the plaint but also other evidence and the order passed in the earlier suit may be taken up either as a preliminary issue or at the final hearing, but, the said question cannot be determined at that stage –  It is one thing to say that the averments made in the plaint on their face discloses no cause of action, but it is another thing to say that although the same discloses a cause of action, the same is barred by a law.

2008 PLRonline 0006