SUBBURATHINAM AND OTHERS Vs. MARUDHANAYAGAM AND OTHERS

JUDGEMENT

(1.) This civil revision petition is filed under Sec. 115 of the Code of Civil Procedure by the defendants against the order dated 19-1-1994 made in T.A. No. 185 of 1993 in O.S. No. 1062 of 1984 by the Additional District Munsif, Trichirapalli.

(2.) The plaintiffs filed a suit O.S. No. 1062 of 1984 against the defendants in the Court of District Munsif, Trichy for permanent injunction restraining them from interfering with their possession and enjoyment of the suit property. In the said suit, the defendants filed an application under Sec. 151 of the Code of Civil Procedure to declare that the suit be dismissed in view of the decree passed in O.S. No 747 of 1991 on 30-6-1992. In the application, the defendants have stated that the first defendant along with the third defendant filed O.S. No. 747 of 1991 on the file of the District Munsifs Court, Trichy against the present respondents for permanent injunction. After filing the suit, the third defendants mother died on 22-4-1991 and the first petitioner continued the said suit. In the said suit, the present respondents who are defendants did not filed written statement even thought sufficient time was given for filing the same. So, on 30-6-1992, the suit was decreed ex parte after examining the defendant as P.W. 1 and the decree in O.S. No. 747 of 1991 is not set aside so far by the Court and as long as the decree stands, the present suit cannot go on as the said decree acts as res judicata.

(3.) The plaintiff filed his objection statement to the said application.