RAJENDRAN NAIR Vs. GOPALAKRISHNAN NAIR

JUDGEMENT

(1.) THE petitioner, the defendant in O.S.No.218 of 2003 on the file of the Munsiff's Court, Varkala, contended that the suit is not maintainable. That contention was apparently not accepted in the order passed by the trial court, which was challenged by the petitioner in C.R.P.No.556 of 2008. As per Annexure A order dated 21.11.2008, C.R.P.No.556 of 2008 was allowed, the order passed by the trial court was set aside and the matter was remanded to the court below with a direction to consider issue No.1 afresh. For the sake of convenience, the order in C.R.P.No.556 of 2008 is extracted below: "Heard counsel on both sides.

(2.) PETITIONER/defendant raised a contention in the court below as regards maintainability of the suit O.S.No.218/03 on the file of the Munsiff's Court, Varkala contending that O.S.No.218/00 filed by the plaintiffs before that court earlier was withdrawn and it is thereafter that the present suit is filed and that therefore, the present suit is barred by res judicata. According to the respondents, the suit O.S.No.218/00 was withdrawn with leave to institute fresh suit and in compliance with order passed on the said application, viz., I.A.No.607/03 in O.S.No.218/00 and cost has also been deposited and therefore, there is no bar for the present suit.