VASSUDEV BUDHAJI MORAJKAR Vs. HARICHANDRA VASSUDEV MORAJKAR

JUDGEMENT

(1.) ADMITTED facts of the case are as follows :-

(2.) PRESENT appellant is the defendant in said Regular Civil Suit No. 87/93/b. He later filed Regular Civil Suit No. 57/96/c. In the said new suit the objection as to maintainability of suit was raised by defendant. The ground of objection is that the counter claim raised by said plaintiff as defendant in earlier Regular civil Suit No. 87/93/b was withdrawn without liberty.

(3.) THE learned Trial Court has framed issues. Issue No. 3 reads as follows :-