NIBHOR GARG Vs. YAJESH GARG

JUDGEMENT

(1.) The plaintiff has filed a suit for partition against the defendants. The plaintiff has impieaded his father in the suit as defendant No.

(2.) The plaintiff is a minor and has filed the suit through his mother. 2. The defendant No. 2, the father of the plaintiff, has filed an earlier independent suit being CS (OS) No. 432 of 2001. It is not in dispute that all the properties forming subject matter in the present suit also form subject matter of suit No. 432 of 2001.

(3.) The legal question was thus raised as to whether the present suit can be maintainable in view of the earlier suit filed by the father of the plaintiff being CS (OS) No. 432 of 2001. If such a suit is not maintainable then the suit is liable to be dismissed and the plaint rejected under Order 7 Rule 11, CPC being barred by law.