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Amruddin Ansari (Dead) Through Lrs v. Afajal Ali

Special Leave Petition (Civil) · 2025 INSC 566Decided 22 Apr 2025
Special Leave Petition (C) No.11442 of 2023
Justice J.B. Pardiwala · Justice R. Mahadevan

Background

A property dispute over land in Chhattisgarh had a long litigation history. The original plaintiffs' first suit for declaration, cancellation of a sale deed, and injunction was dismissed for default under Order IX Rule 2 CPC, and their subsequent restoration application was also dismissed and not challenged further. They then filed a fresh suit on the same cause of action, which the Trial Court decreed in their favour; the First Appellate Court reversed this, but the High Court, in second appeal, restored the Trial Court's decree. The defendants (as legal heirs) approached the Supreme Court, arguing the second suit itself was barred.

Decision Breakdown

The Supreme Court held that Order IX Rule 4 CPC gives a plaintiff two independent and non-exclusive remedies after a suit is dismissed for default under Rule 2 or 3 (filing a fresh suit, or applying to restore the original suit) and choosing one does not forfeit the other, following the Privy Council's ruling in Bhudeo v. Musammat Baikunthi and other precedent. This differs from Order IX Rule 9, which expressly bars a fresh suit only where the earlier suit was dismissed under Rule 8 (defendant present, plaintiff absent). The Court also held that a dismissal for default is not a "decree" or "judgment" under Sections 2(2)/2(9) CPC because it does not adjudicate the merits, so it cannot operate as res judicata against a later suit. On the disputed Wajib Dava document (a 1952 relinquishment deed), the Court agreed with the High Court's reasoning and found no ground to interfere, dismissing the petition.

Lesson Learnt

If your civil suit is dismissed for non-appearance and your restoration application also fails, you are not permanently shut out. You can still file a fresh suit (within the limitation period) on the same cause of action, because a mere default dismissal is not a decision on the merits and does not trigger res judicata.

Official source (sci.gov.in)View Judgment (PDF)

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