LAL BIHARI Vs. RAM RATAN

JUDGEMENT

(1.) BEING aggrieved by the impugned judgment and decree dated 16 -5 -1997, passed by IIIrd Additional District Judge, Rewa in Civil Suit No. 14 -B/1991, whereby suit filed by the respondent/plaintiff for recovery of mesne profit has been decreed, the appellants/defendants have filed this appeal under section 96 of the Code of Civil Procedure (henceforth, the 'C.P.C.').

(2.) THE facts necessary for the disposal of this appeal pithily narrated are thus : -

(3.) LEARNED Counsel for the appellants vehemently argued that the matter directly and substantially in issue in the present suit has been directly and substantially in issue in the former suit between the same parties in a Court competent to try such subsequent suit and has been heard and finally decided by such Court, therefore, the present suit is barred by principles of res judicata. The appellants cannot be vexed twice for the same cause.