MAYA DEVI Vs. SUGAN SHARMA

JUDGEMENT

(1.) The present civil revision has been filed under Sec. 115 of the Code of Civil Procedure, 1908, challenging the order dtd. 17/10/2025 passed by 19th District Judge, Gwalior in RCSA No.440/2025, whereby the application filed by applicant/defendant No.1 under Order 7 Rule 11 read with Sec. 151 CPC has been dismissed.

(2.) The necessary facts for disposal of present revision, in short, are that respondent Nos. 1 and 2 (plaintiffs) instituted a civil suit for declaration and permanent injunction against the present applicant and other defendants. The present applicant/defendant No.1 filed an application under Order 7 Rule 11 CPC contending that the suit is barred by the principle of res judicata in view of compromise decree dtd. 22/12/2021 passed in Civil Suit No. 39-A/2010 titled Rajendra Sharma vs. Chandan Singh & Others. It was submitted that in the said earlier suit, the dispute regarding the property had already been settled by way of compromise, and therefore, the present suit was not maintainable. The plaintiffs opposed the said application contending that the present cause of action is distinct and that the issues raised in the present suit are not barred by res judicata.

(3.) The learned trial Court, after hearing both parties, dismissed the application.