BHARAT SINGH Vs. GANESHRAM

JUDGEMENT

(1.) This Civil revision has been filed under Sec. 115 of the Code of Civil Procedure, 1908 being aggrieved by the order passed by IVth Civil Judge, Class-II, Vidisha in Civil Suit No. 107-A/2010, whereby the application preferred by the petitioner under Sec. 11 read with section 151 of C.P.C. has been dismissed.

(2.) Brief facts of the case are that the plaintiff/respondent No.1 filed a suit for permanent injunction pleading that he was Bhoomiswami of the land bearing survey No. 233, area 0.627 hectre situated at village Dhaturiya Chaubisa, Tehsil Gulabganj, District Vidisha. The petitioner/defendant No. 1 is intervening the possession and title of the plaintiff, therefore, sought relief of permanent injunction. The petitioner/defendant No.1 in his written statement denied the plaint allegations, especially title and possession of the plaintiff claiming that the suit be dismissed. It is also stated that previously also Civil Suit No. 12-A/2009 has been filed by the plaintiff against defendant No.1 on the same set of facts which has been dismissed for want of evidence, therefore, the suit is not maintainable and is barred by Sec. 11 of the C.P.C.

(3.) The petitioner/defendant No.1 has also filed an application under Sec. 11 Civil Procedure Code read with Sec. 151 pleading that the plaintiff has filed a civil suit with regard to agricultural land bearing survey No. 233, area 0.627 hectare for grant of permanent injunction which was dismissed vide order dated 14.7.2010, therefore, without permission of the Court the suit is not maintainable and barred by res judicata.