WONDER CEMENT Vs. RAMESHWAR PRATAP SINGH

JUDGEMENT

(1.) This petition has been filed by the petitioner/defendant No.4 under Sec. 115 of Code of Civil Procedure, 1908 against the order dtd. 6/9/2022, passed by the learned Additional District Judge, Badnawar, District-Dhar (M.P.) in Civil suit No.RCS-A/39/2019, whereby the application under Order VII Rule 11 r/w Sec. 151 of the Code of Civil Procedure, 1908 has been rejected, except with regard to the valuation and Court fees.

(2.) In brief, the facts of the case are that the respondents/plaintiffs filed a civil suit for declaration, injunction and possession in respect of the agricultural lands situated at Village Kherwas, District-Dhar. In the aforesaid suit, an application under Order VII Rule 11 was filed by the petitioner/defendant No.4 on the ground that the issues raised by the plaintiffs in the suit has already been decided by the Writ Court in W.P. No.15202/2018 dtd. 24/10/2018 wherein, this Court had also given an option to the plaintiffs to file a civil suit and after the counsel appearing for the plaintiffs in the said writ petition gave up his right to file a civil suit, the Writ Court has proceeded further and decided the matter on merits. Thus, it is submitted that the civil suit was clearly barred by the order passed by this Court as the issues have already been decided.

(3.) Shri V. K. Jain, learned senior counsel for the petitioner has also submitted that although the aforesaid order dtd. 24/10/2018 was challenged in W.A. No.192/2019, however, the same was dismissed as withdrawn on 20/3/2019 with liberty to file a civil suit and thereafter, a review petition, R.P. No.554/2019 was also filed which was disposed of by this Court on 16/5/2019 further directing that the civil suit shall be decided on merits, on the basis of evidence adduced by the parties, in accordance with law.