SHIVNARAYAN Vs. SHYAMBAI AND ANOTHER

JUDGEMENT

(1.) HEARD on admission.

(2.) BY the impugned order dated 26-2-2001 passed in C. S. No. 143-A/95 the learned Trial Judge has held that the earlier Civil Suit No. 88-A/87 does not operate as res-judicata within the meaning of Section 11 of the Code of Civil Procedure. Accordingly the Issue No. 8 was decided as a preliminary issue. The facts of this case disclose that the earlier suit filed by Harnarayan was dismissed as withdrawn as per Annexure A-7 order dated 22-8-87. In this case Harnarayan had filed a suit against Ranchhor, Shivnarayan, Sardar @ Gokul as well as against the State of M. P. for declaration and permanent injunction. In other words, the plaintiff in that suit, Har Narayan, had abandoned his suit without any condition. Such a suit is covered by Order XXIII Rule 1 of the Code of Civil Procedure. In such cases Order XXIII Rule 1 (4) applies which reads as under :--

(3.) FOR the reasons aforesaid, the revision has no force. It is dismissed.