Plea of Res Judicata Can’t be Decided as Preliminary Issue If Mixed Question of Fact and Law are Involved: Supreme Court

The Supreme Court recently observed that plea of res judicata can’t be determined as a preliminary issue when it’s a mixed question of fact and law. As per the Bench of Justices Hemant Gupta and V Ramasubramanium, preliminary issues can be those where evidence is not required and on basis of reading of plaint or

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