KUSUM BAI Vs. VIMLA DEVI

JUDGEMENT

(1.) This Misc. Appeal under Order 43 Rule 1(U) of C.P.C. has been filed challenging the order dated 6-4-2011 passed by 2nd Additional District Judge, Vidisha in Regular Civil Appeal No. 12A/2011, thereby reversing the order dated 7-3-2009 passed by 1st Civil Judge Class II, Vidisha in Civil Suit No. 132A/1998.

(2.) In order to decide this appeal, it is not necessary to mention the case of the parties, but suffice it to say that the respondents no. 1 to 5/plaintiffs have filed a civil suit for declaration of title and permanent injunction in respect of land bearing survey No. 1042/07 situated at New Hospital Road, Vidisha on the allegations that they are the owners of the disputed plot.

(3.) An application under Section 11 of C.P.C. was filed before the Trial Court for dismissal of the suit on the ground that it is barred by the principle of res judicata.