SAIFI MOHAMMED Vs. DEEPAK KUMAR

JUDGEMENT

(1.) THIS revision petition presented under Section 115 of the Code of Civil Procedure (for short, 'the Code') is directed against the order dated 17.9.1993, passed by M.A.C.T., Mandsaur, in Claim Case No. 67 of 1991, thereby allowing the application moved for amendment under Order 6, Rule 17 of the Code.

(2.) I have heard Mr. Surjeet Singh, learned counsel for the petitioners, on the question of admission. The main ground on which this revision petition has been pressed is that the Tribunal had rejected the similar prayer on 27.8.1993 and later accepted the same by the impugned order.

(3.) TRUE it is, that the principle of res judicata is attracted and applicable even in the course of the same lis at later stage. However, it is noticed from the order dated 27.8.1993 that the Tribunal had observed as under: Hence the present proposed amendment application is hereby rejected and the claimant if wants may plead in alternative that the driver of the bus was negligent, so that the present pleadings may remain on record.