AMRUDDIN ANSARI (DEAD) THROUGH LRS. & ORS. versus AFAJAL ALI & ORS.

AMRUDDIN ANSARI (DEAD) THROUGH LRS. & ORS. versus AFAJAL ALI & ORS.

Order IX Rule 4 CPC expressly permits either filing a fresh suit or applying for restoration when a suit is dismissed under Rules 2 or 3, and these remedies are simultaneous and not mutually exclusive; further, dismissal for default under Order IX Rules 2 or 3 is not an adjudication or decree and therefore does not operate as res judicata to bar a fresh suit.

Parties
Petitioner: Amruddin Ansari (Dead) Through Lrs. & Ors.; Respondent: Afajal Ali & Ors.
Jurisdiction
India
Judgment Date
22 April 2025
Procedural Posture
Special Leave Petition (civil) / Supreme Court Judgment on Special Leave Petition No. 11442 of 2023
Outcome
petition dismissed
Legal Topics
Order IX Rule 4 CPC, Dismissal in Default, Restoration of Suit, Fresh Suit Maintainability, Res Judicata
Civil Procedure Order IX Rule 4 CPC Dismissal in Default Restoration of Suit Fresh Suit Maintainability Res Judicata

Case Brief

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Parties

Amruddin Ansari (Dead) Through Lrs. & Ors.

Petitioner

Afajal Ali & Ors.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Judgment on Special Leave Petition No. 11442 of 2023

Legal Issues

  1. 1 Whether after dismissal of the petition for restoration of suit under Order IX Rule 4 CPC a fresh suit is maintainable
  2. 2 Whether after dismissal of suit in default under Order IX Rules 2 and 3 a fresh suit is barred by the principle of res judicata

Ratio Decidendi

Order IX Rule 4 CPC expressly permits either filing a fresh suit or applying for restoration when a suit is dismissed under Rules 2 or 3, and these remedies are simultaneous and not mutually exclusive; further, dismissal for default under Order IX Rules 2 or 3 is not an adjudication or decree and therefore does not operate as res judicata to bar a fresh suit.

Court Disposition

petition dismissed

Orders

  • Special Leave Petition dismissed
  • Pending application(s), if any, are disposed of