TAHIRA BEGUM Vs. DEVI SINGH

JUDGEMENT

(1.) THIS revision arises out of the order dated 14.12.2007 passed by VIIIth Additional District Judge, (F.T.C.), Bilaspur in Civil Suit No. 1-A/2006. Undisputedly, the plaintiff/non-applicant No. 1 herein filed a suit against the applicant and non-applicant No. 2 seeking relief of declaration of title, possession, permanent injunction and damages valued at Rs. 10,000/-. The suit was registered as Civil Suit No. 3-A/2003.

(2.) THE said suit was dismissed under Order IX Rule 8 of C.P.C. on 04.10.2005. The plaintiff did not filed any application under Order IX Rule 9 of C.P.C. for its restoration. Instead filed a fresh suit on the same cause of action, against the same parties for the same relief by valuing the suit at Rs. 4,50,900/- before the VIIIth Addl. District Judge, Bilaspur (C.G.) which was registered as Civil Suit No. 1-A/2006. Applicant raised a plea of non-maintainability of the suit in her written statement. The learned trial Court framed a preliminary issue in this regard, vide impugned order decided the same in plaintiff's favour holding suit as maintainable since the valuation in both the suits is different.

(3.) THE Division Bench of High Court of Gujrat in case of Gujarat Electricity Board, Baroda and others v. Saurashtra Chemicals, Porbandar; reported in : AIR 2004 Guj 83 has held in para 4 of its judgment that if a civil suit is dismissed under Order IX Rule 9 of C.P.C, Order IX Rule 9 C.P.C. precludes a second suit of same cause of action.