CHANDRAKANT Vs. MUKESH

JUDGEMENT

(1.) Heard. By consent of the parties, taken up for final disposal at the stage of admission.

(2.) The Respondent no.1 to 6 herein are the Original Plaintiffs who had filed suit for partition, declaration, possession and perpetual injunction. The applicant herein is the original defendant, who, by way of this Civil Revision Application, has challenged the order dtd. 29/4/2019 passed below Exh. 71 in R.C.S. No. 1724/2012 by 11thJt. Civil Judge J.D., Aurangabad, thereby rejecting application Exh.71. The said application Exh. 71 was preferred under the provisions of Order VII Rule 11(d) of the Code of Civil Procedure, seeking rejection of the plaint in R.C.S. No. 1724/2012, being barred by law as per Order IX Rule 8 of CPC. The said application Exh. 71 was filed on 29/10/2018. After hearing both the parties, the said application was rejected on 29/4/2019. This Court, vide order dtd. 20/4/2022, issued notice for final hearing to the respondents and stayed the trial. SUBMISSIONS : -

(3.) The applicant's case is that on the same cause of action the plaintiffs had earlier filed suit being R.C.S. No. 269/2009 for said relief and the said suit was dismissed for non-prosecution. It is therefore the case of the applicant's that a fresh suit on the same cause of action was barred by law under the provisions of Order IX Rule 9 of the CPC.