MANICKAM Vs. RAGINI GANESH

JUDGEMENT

(1.) This revisional application is arising out of an order passed by the learned Additional Civil Judge, Junior Division at Port Blair in connection with an application filed under section 151 of the Code of Civil Procedure read with section 11 of Code of Civil Procedure filed by the defendants in Other Suit No. 94 of 2017.

(2.) Upon consideration of the submissions made by the learned counsel for the parties, the learned Single Judge framed the following preliminary issue regarding maintainability of the present suit:- " Whether the maintainability of the present suit is barred under the provision of the section 11 of CPC r.w.s Order 22 Rule 5 of CPC r.w.s Order 21 Rule 101 of CPC?"

(3.) The learned trial Court dismissed the suit on the ground that the issue raised in the present suit has been finally and conclusively decided in a previously instituted suit filed by the defendants against the plaintiffs/petitioners and in view of such clear finding in favour of the defendants/opposite parties the continuation of the suit is not permissible.