DELHI WAKF BOARD Vs. JAGDISH KUMAR NARANG

JUDGEMENT

(1.) Special leave granted.

(2.) Heard the counsel for the parties.

(3.) The plaintiff/appellant had filed a suit earlier which was rejected under Order VII Rule 11. That was in the year 1984. In the year 1986 he filed a fresh suit on the same cause of action. The second suit has been dismissed by the trial court as barred by the order rejecting the plaint in the earlier suit. An appeal preferred against that order has been dismissed by the high court. In our opinion the courts below were not right in holding that the present suit is barred by virtue of the order rejecting the earlier suit.