DHARAM VIR Vs. N C T OF DELHI

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) SINCE all relatable documents, being the plaint of Suit no. 259/2003 and the written statement filed by the contesting defendants in said suit as also the judgment and decree dated 20. 3. 2004 dismissing said suit; the pleadings in the instant suit out of which the instant appeal arises have been produced before us which have been perused by us, we are disposing of the appeal in limine.

(3.) VIDE impugned judgment and decree dated 14. 8. 2008 the suit filed by the appellant has been dismissed holding the same to be an abuse of the process of Court. We also note that the learned Trial Judge has held that the issue raised in the suit was litigated on an earlier occasion by the appellant resulting in the claim being dismissed vide judgment and decree dated 20. 3. 2004 which has attained finality and hence the suit is barred.