ASHOK SINGH LODHI Vs. PRATAP SINGH

JUDGEMENT

(1.) VIDE impugned order dated 2.7.2007, suit being CS (OS) No.113/2005 filed by the appellant has been dismissed on account of the bar under Order 9 Rule 8 read with Order 9 Rule 9 CPC and additionally on account of concealing relevant facts.

(2.) REASON why impugned order has been passed is that appellant/plaintiff had filed a suit for partition with respect to the same property in respect whereof CS(OS) 113/2005 was filed. In said suit, appellant filed an application to withdraw the suit praying that liberty be granted to file a fresh suit in the Court of competent jurisdiction.

(3.) CONCEALING aforesaid facts, CS(OS) 113/2005 was filed on the same allegations as were made in the previous suit and the view taken by the learned Single Judge is that a co-joint reading of Order 9 Rule 8 and Order 9 Rule 9, bars second suit on the same cause and additionally for the reason the appellant/plaintiff has not disclosed truthful facts.