PREMANSHU PAUL Vs. KABIR AHMED

JUDGEMENT

(1.) THIS is a revision filed by the defendant under Section 115 of the Code of Civil Procedure against the judgment/decree dated 7.3.2007 passed by Civil Judge, Karimganj in Title Appeal No.114/2003 which in turn arise out of judgment /decree dated 29.9.2003 passed by Civil Judge(Junior Division) Karimganj in Title Suit No.251/1999.

(2.) BY impugned judgment/decree, the first appellate Court allowed the appeal filed by the plaintiff and reversed the judgment/decree passed by the trial court, which had dismissed plaintiff s suit on the preliminary issue raised by the defendant along with other issues, namely - suit is hit by principle of resjudicata under Section 11 of the Code.

(3.) SO the short question which arises for consideration in this revision is whether first appellate court was justified in allowing the plaintiff s appeal by decreeing plaintiff s suit and in turn was justified in reversing the judgment and decree of the trial court which had dismissed the plaintiff s suit?