Bombay High Court: Suit Can't Be Dismissed on Res Judicata Grounds Without Fair Hearing

The Bombay High Court has ruled that a suit cannot be dismissed on the ground of res judicata under Section 11 of the CPC without framing an issue and giving both parties a fair chance to respond.

A division bench set aside a single judge’s decree that had dismissed Unique Integrated Transport’s suit on res judicata grounds without notice.

The court held that invoking res judicata at the decree stage without prior notice violated principles of natural justice. The court remanded the matter, permitting the framing of a res judicata issue and ensuring that both sides have a full opportunity to respond.