Is the plea of res judicata, constructive res judicata, and Order II Rule 2 of CPC available if the civil court lacked subject matter jurisdiction in the previous suit?

 In fact, this argument would also recoil on the appellant insofar as he has raised the plea of res judicata and constructive res judicata/ Order II Rule 2 of the Code, for the said pleas would not be available in case the civil court had lacked subject matter jurisdiction.

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION 

CIVIL APPEAL NOS. 3964-3965 OF 2009; 

R.M. SUNDARAM @ MEENAKSHISUNDARAM Vs  SRI KAYAROHANASAMY AND NEELAYADHAKSHI AMMAN TEMPLE 

Coram: AJAY RASTOGI; J., SANJIV KHANNA; J. 

Dated: JULY 11, 2022.

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