MADANPAL LODHI Vs. BADRI PARASAD LODHI

JUDGEMENT

(1.) HEARD on admission.

(2.) PLAINTIFF vide present second appeal calls in question the judgment and decree dated 9.8.2004 passed in Civil Appeal No. 32A/2003 by Thirteenth Additional District Judge (Fast Track), Jabalpur affirming the judgment and decree dated 28.10.2002 passed in Civil Suit No. 37A/2001 by Fifteenth Civil Judge Class -II, Jabalpur.

(3.) DEFENDANT raised an objection as to maintainability of suit on the ground that the same is barred by res judicata as the issue raised has been decided earlier vide judgment and decree dated 20.11.1998 in Civil Suit No. 266A/1998.