LAWS(MPH)-2025-6-67

SUGRA BEGUAM Vs. STATE OF M.P.

Decided On June 16, 2025
Sugra Beguam Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Pleadings are complete. With the consent of learned counsel for the parties, the matter is finally heard.

(2.) This civil revision is filed under Sec. 115 r/w Sec. 151 of the Code of Civil Procedure challenging the order dtd. 15/7/2024 (Annexure-P/11) passed in a pending civil suit i.e. RCSA No.147/2023 (State of Madhya Pradesh v. Sugra Begum and others) whereby an application filed by the applicants under Sec. 11 of CPC has been rejected by the trial Court.

(3.) By the impugned order, the trial Court has rejected the application filed under Sec. 11 of CPC raising a ground that suit is barred by res judicata because issue raised in civil suit has already been settled up to the Supreme Court, therefore, for the same issue and even for the same relief, second suit is barred and, therefore, it is not maintainable. However, the trial Court has rejected the application by the impugned order holding therein that it is not possible to ascertain that the suit is barred by res judicata and observed that it can be decided only after framing the issue and recording the evidence of the parties.