TULSIRAM Vs. RAMJAN KHAN

JUDGEMENT

(1.) HEARD .

(2.) THE applicant/defendent No.4 Tulsiram has filed this petition under Section 115 of the Code of Civil Procedure being aggrieved by the part of the order dated 10/11/2011 passed by First Civil Judge Class -II Harda in Civil Suit No. 411 -A/08 (NewNo. 90 -A/10). whereby his application filed under Order 7 Rule 11 of the CPC for dismissal of the aforsaid suit filed by the respondent Nos. 1 to 5 and 6 since deceased, for declaration and perpetual injunction with some other relief, has been dismissed.

(3.) INTERALIA such appliation (sic: application) has been filed on behalf of the petitioner on the ground that the aforesaid suit of the respondents in view of the judgment and order of some earlier litigation is not entertainable between the parties being hit by the principle of resjudicata and also on the ground that in view of the provision of Order 2 Rule 2 of CPC, the respondents/plaintiff did not have any right to file the impugned suit, because of the grounds raised in the impugned suit would have been raised in the earlier suit filed by the present applicant against the respondent but the same were not taken. Therefore, the respondents are debarred to file the impugned suit.