SURESH KESHARWANI Vs. ROOP KUMAR GUPTA

JUDGEMENT

(1.) Applicants namely Suresh Kesharwani and Geeta Kesharwani are defendants before the trial Court and non-applicant No. 1 is plaintiff before the trial Court. Applicants (hereinafter referred to as defendants) had filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 before the trial Court making a prayer that civil suit RCS No.430/2019 is not maintainable as same is barred by principle of resjudicata. Earlier non-applicant No. 1 (hereinafter referred to as plaintiff) has filed a suit bearing registration number RCS No. A769/2018. Defendants averred that parties, pleadings and prayer in former Civil Suit No. 769/2018 is same as made in the subsequent suit No. 430/2019. It was further pleaded in the application that plaintiff has filed an application under Order 23 Rule 1 of CPC in civil suit No. 769/2018 for simple withdrawal of suit. Learned trial Court vide its order dated 10/04/2019 allowed the application for withdrawal of suit on condition that plaintiff is precluded to file the suit on the same subject matter in future.

(2.) On basis of aforesaid pleadings, defendants made a prayer in their application to reject the plaint filed by the plaintiff and further be pleased to impose heavy cost on plaintiff for abuse of process of law in the interest of justice.

(3.) Learned trial Court vide its order dated 27/06/2019 rejected the application filed by the defendants. Learned trial Court held that former suit which was filed by the plaintiff was not decided on merits and nature of relief claimed in former suit, i.e. RCS-A769/2018 and subsequent suit, RCS No. 430/2019 is different, therefore, subsequent suit of plaintiff is not barred by the principle of resjudicata.