V KANDASAMY Vs. C KANDASAMY

JUDGEMENT

(1.) THE plaintiff is the revision petitioner, who has filed the suit in O.S. No. 182 of 1998 before the District Munsif Court, Karur for declaration and for other reliefs. In the said suit, the first defendant has filed I.A. No.555 of 2001 praying to decide the preliminary issue as to whether the suit is barred by resjudicata or not, which was allowed by the trial court by order dated 31-10-2002 and the same is challenged in this revision petition invoking Article 227 of the Constitution of India.

(2.) THE case of the respondents in the said interim application was that the petitioner herein has already filed a suit in O.S. No. 587 of 1990 before the District Munsif Court, Karur against them for permanent injunction from interfering with their possession and enjoyment of the property; that the said suit was dismissed and later, the petitioner herein has filed A.S. No. 78 of 1994 which was also dismissed and in view of the said fact that the issue involved in the present suit was already adjudicated upon on merits finally in an earlier litigation and that the present suit is hit by the principles of rejudicata.

(3.) NOW, we look into the provisions of Section 11 C.P.C. Which runs as follows:- "11. Res judicata. - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.