KAMTA PRASAD Vs. DISTRICT JUDGE

JUDGEMENT

(1.) A Suit No. 432 of 1972 was filed by one Jangi Lohar. (who is arrayed as respondent No. 3 in this writ petition) praying for a decree of permanent prohibitory injunction against the defendants in the suit, which included the petitioner herein as defendant No. 6. The suit was contested by some of the defendants, including the brother of the petitioner but proceeded ex parte against the petitioner and was decreed by the trial court on 7.4.1978. Aggrieved by the said judgment and decree, a few of the defendants including the brother of the petitioner, filed Appeal No. 205 of 1972 which was partly allowed by the appellate court.

(2.) Thereafter, in the year 1981, the petitioner filed Original Suit No. 65 of 1981 praying for cancellation of the decree passed in Original Suit No, 432 of 1972 as well as in the Appeal No. 205 of 1972. This suit was contested by the defendants who are arrayed as respondent Nos. 3 to 10 in this writ petition. On the pleadings of the parties, a preliminary issue was framed as to whether the subsequent suit was maintainable or not. This issue was decided by the trial court on 15.10.1984 and it was held that the present Suit No. 65 of 1981 filed by the plaintiff was not maintainable. Against the said order of the trial court, the plaintiff-petitioner filed a Revision No. 187 of 1984 before the District Jud'ge, Azamgarh. After hearing the parties and considering the documentary evidence on record, the learned District Judge dismissed the revision vide its order dated 11.4.1986. Against the aforesaid two orders, passed by the trial court as well as revislonal court, the petitioner has preferred this present writ petition.

(3.) I have heard Sri A.K. Srivastava, learned counsel on behalf of the petitioner and Sri C.B. Gupta, learned counsel for the respondents.