ZULFIKAR AHMAD Vs. KHURSHIDA BEGUM

JUDGEMENT

(1.) Heard learned Counsel for Appellants.

(2.) This First Appeal From Order has been filed against the order in Appeal No. 121 of 2008 dated 25.1.2011.

(3.) According to Defendants-Appellants, in Suit No. 686 of 1994 and Suit No. 283 of 2004 for the same property between the same parties and rights of the parties have already been decided, therefore, present suit filed by Plaintiffs-Respondents itself was not maintainable. In such circumstances, an application under Section 11 of Code of Code of Civil Procedure was filed by Defendants with an allegation that issue regarding res-judicata be decided as a preliminary issue and if ultimately Court comes to conclusion that rights of parties have already been decided in the earlier suit, there is no necessity to proceed further.