SHANKAR GUPTA Vs. DHARAMDAS GUPTA

JUDGEMENT

(1.) Being aggrieved with judgment and decree dated 8-8-2007 passed in Civil Suit No. 28-A/2002 by the IXth Additional District Judge (F.T.C.), Raipur (CG), the defendants have preferred this appeal. The facts, briefly stated, are as under:--

(2.) Mr. Ram Kumar Tiwari, learned counsel appearing on behalf of the appellants, mainly argued that this subsequent suit, filed by deceased plaintiff Ganeshi Bai, was barred by principles of res judicata. It was hopelessly barred by limitation. The plaint map filed in the instant suit is entirely different from the plaint map of the earlier Civil Suit. Therefore, the learned trial Judge erred in law in decreeing the suit.

(3.) On the other hand, Mr. B.P. Sharma, learned counsel appearing on behalf of the respondents, opposed these arguments and contended that the subsequent suit was based on a different cause of action; this suit was mainly filed for correction of the map annexed in the sale-deed dated 1-8-1961 when the mistake in the sale-deed was discovered, therefore, the subsequent suit based on a different cause of action was not barred by res judicata. About the limitation, he argued that the plaintiff, when finally came to know on 19-9-1996 that a rectification in the map would be required, then, this suit was filed on 30-10-1996, and thus, the instant suit was well within limitation and the learned trial Judge has rightly decreed the suit.