MD. CHUNU MIAH Vs. HAZI MD. RUSHAN ALI

JUDGEMENT

(1.) This Revision is filed against order dt.29/7/2025 passed by the Civil Judge (Jr. Divn.), Kailashahar, Unakoti District in T.S. 17 of 2019 rejecting an application moved by the petitioner/first defendant therein for rejection of plaint on the ground that it is barred by the principle of res judicata.

(2.) It was contended in the Court below by petitioner that there were previous suits being T.S. 28 of 2016 and T.S. 17 of 2019 wherein the plaintiffs asserted the same right of passage over the 2nd Schedule path between the same parties, and therefore, the plaint should be rejected.

(3.) The trial Court held that plaint cannot be rejected at the threshold as the plaintiffs had disclosed a prima facie cause of action, and the allegations of limitation, suppression or legal bar required full-fledged adjudication after framing of issues and recording of evidence.