BALI MOHAMMED Vs. NEK RAM SHARMA

JUDGEMENT

(1.) ARGUMENTS heard. This Miscellaneous Appeal has been filed under Order 43 Rule 1 of C.P.C. against the order dated 04.04.2012 passed in Civil Suit No. 03 -A/12 by learned Tenth Additional District Judge, Gwalior, M.P. whereby suit filed by the appellants challenging the judgment and decree dated 31.03.2003 passed in Civil Suit No. 81 -A/02 by learned First Civil Judge, Class I, Gwalior, on the ground of fraud, has been dismissed by allowing the application under Order 7 Rule 11 (d) of C.P.C.

(2.) LEARNED counsel for the appellants has submitted that learned trial Court has erred in dismissing the suit under Order 7 Rule 11 of C.P.C. as the provisions of Order 7 Rule 11 does not apply to the suit filed by the plaintiffs and the learned trial Court has not justified in dismissing the suit on the ground of res judicata without perusing the judgment and decree passed in Civil Suit No. 81 -A/02.

(3.) SINCE the counter claim of appellants in Civil Suit No. 81 -A/02 has been dismissed, therefore, again a suit on the same ground for the same property on the ground of fraud is not maintainable otherwise there will be no end to the litigation.