SUBHASH MUKUNDRAO DESHMUKH Vs. PRAKASH MUKUNDRAO DESHMUKH

JUDGEMENT

(1.) By this revision application, the applicant, who is the original defendant No.2, has approached this Court challenging order dtd. 24/9/2021, passed by the Court of XIth Joint Civil Senior Division, Amravati, whereby an application filed by the applicant for rejection of plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) was rejected.

(2.) The case of the applicant before the Court below was that the suit filed by respondent No.1 seeking declaration, injunction, partition and separate possession did not deserve consideration by the Court below, for the reason that an earlier suit for identical relief filed by the very same party was unconditionally withdrawn and disposed of as such. It was submitted that only one property was subject matter of the earlier suit, but in the subsequent suit other properties were also included. It was submitted that once the respondent No.1 unconditionally withdrew the earlier suit and abandoned his claim, he could not be permitted to pursue the subsequent suit. This contention was obviously raised on the basis of Order 23 Rule 1(4) of the CPC.

(3.) The respondent no.1 opposed the said application. The Court below took into consideration rival submissions and rejected the said application, primarily on the basis that the earlier suit was dealing with only one property, while the subsequent suit dealt with four properties and therefore, the subject matters of the suits were different.