AJAYKUMAR KAMALAKANT PATHAK Vs. RAMCHANDRA MADARI KATKAMWAR

JUDGEMENT

(1.) In this revision application, some interesting question of law relating to application of the provisions of res judicata, as provided under Order XII of Code of Civil Procedure, are raised.

(2.) The revision is directed against the order passed by the 7th Jt. Civil Judge, Sr. Dvn. Nagpur in Spl. C.S.No.2 of 2015 thereby rejecting the application filed under Order VII Rule 11(d) read with Section 11 of the CPC. The said application was filed by the present applicant who is defendant in the suit, contending inter alia that the suit is barred by principle of res judicata, since the issue directly and substantially in issue between the same parties was already adjudicated and decided in earlier suit bearing Spl. C.S. No.1423 of 2011.

(3.) Brief facts, which are necessary, for deciding this revision can be stated as follows :