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may 2026

Supreme Court of India · 2026-05-15

B.S. Lalitha vs Bhuvanesh

Court
Supreme Court of India
Petitioner
B.S. Lalitha
Respondent
Bhuvanesh
Author
Sanjay Karol
Bench
Sanjay Karol

Judgment text excerpt

The Supreme Court examined the propriety of allowing a second application under Order VII Rule 11 of the Code of Civil Procedure, 1908, seeking rejection of the plaint in a partition suit filed by daughters of a Hindu male who died intestate. The High Court had allowed the second application despite an earlier application under the same provision being dismissed and attaining finality. The Court held that once an issue has been adjudicated and the order attained finality, a second application on substantially the same grounds is impermissible. Consequently, the High Court's order allowing the second application was set aside, reinstating the plaint.

B.S. Lalitha vs Bhuvanesh · Niyam