MUNICIPAL COUNCIL Vs. BRAJKISHOR AGRAWAL

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The appellant by the instant appeal filed under Sec. 100 of the Code of Civil Procedure is assailing validity of judgment and decree passed by both the Courts below, dismissing the suit of the plaintiff/appellant.

(3.) As per facts of the case, a suit was filed by the plaintiff/appellant for declaration and permanent injunction against the respondent/defendant. After filing of the suit, the defendant/respondent moved an application under Order 7 Rule 11 of CPC for rejection of the plaint on the ground that the suit is not maintainable as the same is hit by principle of res judicata and also on the ground that the suit is barred by limitation. It is also mentioned in the application that the fact in regard to judgment and decree already passed in favour of the defendant/respondent in Civil Suit No.192-A/92 vide judgment and decree dtd. 23/11/1992 was very much in the knowledge of the plaintiff and as such, in view of the Law of Estoppel, a second suit is not maintainable as no cause of action accrued in favour of the appellant/plaintiff and as such, it is claimed in the application that the suit filed by the plaintiff be dismissed on the ground of limitation as barred by law and also as per the principle of constructive res judicata.