ANIL MAZUMDUR Vs. NUR HAQUE ALI AND OTHERS

JUDGEMENT

(1.) (Oral) - Heard Mr. N.N. Upadhaya, learned counsel for the petitioner. None appears for the respondents despite service of notice.

(2.) This revision petition has been preferred against the order dated 28.09.2012 passed by the learned Munsiff No. 2, Kamrup at Guwahati in Misc. Case No. 228/2012 arising out of Title Suit No. 421/2011 thereby dismissing the suit filed by the petitioner/plaintiff holding the same to be barred by res judicata as per the provision of section 11 of the CPC.

(3.) The petitioner as plaintiff had instituted Title Suit No. 421/2011 before the Court of learned Munsiff No. 2, Kamrup at Guwahati, inter alia praying for a decree for declaration of possessory right and for recovery of khas possession in respect of the land described in Schedule-B to the plaint measuring about 1 bigha covered by dag No. 300 of village Botiamari, mouza - Samaria in the district of Kamrup, Assam. The defendants appeared in the said suit where after the defendant No. 1 had filed Misc.(J) Case No.228/2012 raising an objection under Sec. 11 of the Code of Civil Procedure contending that the petitioner/plaintiff had earlier filed another suit before the Court of learned Civil Judge (Junior Division) No.1, Guwahati numbered and registered as Title Suit No.139/2005 involving the same plot of land by and between the same parties and the aforementioned Title Suit ended in dismissal by the judgment and order dated 12.11.2007. Since no appeal had been preferred against the judgment and order dated 12.11.2007, hence the same has attained finality. In such view of the matter, the defendant No.1 contended that the subsequent suit filed by the plaintiff was barred law of res judicata.