DEVI PRASAD Vs. JANAK DULARI

JUDGEMENT

(1.) THIS Second Appeal, preferred un der Section 100 of the Code of Civil Pro cedure, 1908, is directed against the judgment and order dated 15-12-1992, passed by III Additional District Judge, Dehradun, in Civil Appeal No. 10 of 1992, whereby the judgment and decree dated 10-12-1991, passed by the trial court (Civil Judge, Dehradun), in Origi nal Suit No. 534 of 1990, dismissing the suit, is affirmed.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE trial court framed issue No. 1, as under : Whether suit is barred under Section 11 of the Code of Civil Procedure, on the basis of principle of res judicata, as alleged in the written statement of defendant No. 1 ?