NOORDEEN Vs. MUHYAR

JUDGEMENT

(1.) The 1st defendant in O.S.No.71 of 2022 on the file of District Munsif cum Judicial Magistrate Court, Kadaladi has filed the present revision petition challenging the dismissal of his application filed under Order VII Rule 11 of Code of Civil Procedure.

(2.) A perusal of the records reveal that the respondents 1 to 3 herein as plaintiffs has filed the present suit for the relief of declaration of title and permanent injunction. Pending suit, the 1st defendant has filed I.A.No.1 of 2023 under Order VII Rule 11 of C.P.C on the ground that the plaintiff had filed a suit with a similar prayer in O.S.Nos.22 of 2013 and 18 of 2019. The suit has already been decided as against the plaintiff, in such circumstances, the present suit for declaration of title and permanent injunction is not maintainable. On that ground, the 1st defendant has sought a prayer for rejection of plaint.

(3.) The trial Court has dismissed the said application on the ground that the plea of res-judicata cannot be considered in the application filed under Order VII Rule 11 of C.P.C. Challenging the same, the present revision petition has been filed.