HARI MOHAN MALIK Vs. MADAN MOHAN MALIK

JUDGEMENT

(1.) The revisional application was directed against an Order dated January 30, 2014 passed in Title Suit No. 95 of 2013. An application under Order 7 Rule 11(d) of the Code of Civil Procedure was dismissed by the Court below on the ground that mixed question of law and fact arose requiring trial.

(2.) On behalf of the petitioner, it was contended that the parties had litigated earlier.

(3.) A suit for eviction of the plaintiff was filed by the petitioner herein being Title Suit No. 8 of 1985. Such suit was decreed ex parte. The plaintiff-opposite party thereafter filed the present suit seeking a declaration that the plaintiff-opposite party was a co-sharer in respect of the self-same plot of land involved in the previous suit. In the previous suit, the plaintiff-opposite party herein was directed to be evicted, as the plaintiff-opposite party was a trespasser. In such premises, reliance was placemen 1977 AIR(SCC) 2421 in support of the proposition on the ground that the second suit was filed as an abuse of process of the Court.