DHIRAJ CHOUDHURY Vs. ABDUL SAMAD AKAND (MD.)

JUDGEMENT

(1.) The instant application under Sec. 115 of the Code of Civil Procedure, 1908 (for short "the Code") is converted to a proceedings under Sec. 96 read with Order XLI Rule 1 of the Code.

(2.) The Court Fee pursuant to the order dtd. 4/3/2024 have been duly deposited which is clearly seen from the Office Order.

(3.) The instant appeal arises out of an order dtd. 29/3/2023 passed by the learned Court of the Civil Judge, Barpeta in Title Suit No.04/2021 whereby the plaint of the suit was rejected on the ground of res-judicata i.e. being barred under Sec. 11 of the Code.