HARIDAS DAS Vs. USHA RANI BANIK

JUDGEMENT

(1.) This Civil Revision has been filed challenging the legality and validity of the order dated 17.2.93 passed by the Learned District Judge, Karimganj in Title Suit No. 13/86 (Previous Title Suit No 1 of 1986). By the impugned order, the Learned District Judge held that the suit is not maintainable and it is barred under Order 2 Rule 2 of the C.P.C. and in support of this contention, the Learned Judge in his judgment has relied on a number of cases but the Learned Judge failed to consider the pleadings and the prayers made in the two suits.

(2.) Earlier there was a suit being Title Suit No. 201/85 and that was dismissed for default and nothing was decided on merit.

(3.) Be that as it may, in that suit, the prayers made are as follows :