BALLU RAM SAHU Vs. LATA SAHU

JUDGEMENT

(1.) This is defendants' revision under Section 115 of the Code of Civil Procedure (for short 'the CPC') challenging the legality and propriety of the order dated 13.2.2014 passed by Civil Judge, Class-I, Bhilai-3, Distt. Durg in Civil Suit No. 13-A/2013, rejecting the defendants' application filed under Order 7 Rule 11 of the CPC. The plaintiffs namely Smt. Lata Sahu & Smt. Khedia Bai filed a suit for declaration that plaintiff No. 1-Lata Sahu has a title holder of the scheduled suit land on the basis of sale deed dated 24.10.2009. On being noticed, defendants have filed an application under Order 7 Rule 11 of the CPC stating inter alia that the matter in issue in the present suit has been directly and substantially issue in the former suit between the same parties and, therefore, the present suit is hit by principle of res judicata as provided under Section 11 of the Code of Civil Procedure.

(2.) The trial Court, by its impugned order, has rejected the application finding no merit in the plea of res judicata raised by the applicant.

(3.) It is well settled that the plea of res judicata is a mixed question of law and fact and it has to be decided by proper pleadings filed i.e. copies of plaint, written statement and copy of the judgment of the earlier suit and the issue has to be framed in this regard and then such plea has to be decided by competent Civil Court.