AVTAR SINGH Vs. SATBIR SINGH

JUDGEMENT

(1.) INSTANT civil revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 24.09.2013 passed by learned Additional Civil Judge (Senior Division), Narwana, whereby application filed by the petitioners/defendants no.1 and 3 for dismissal of the suit on the ground of res judicata, has been dismissed.

(2.) BRIEF facts of the case are that respondents no.1 to 94 -plaintiffs filed a suit for declaration to the effect that they are owners in possession of the suit land. In the said suit, petitioners filed an application for dismissal of the suit on the ground of res judicata, which has been dismissed vide impugned order. Hence this revision petition.

(3.) LEARNED counsel for the petitioners has vehemently contended that as per the averments in the plaint, respondents no.1 to 94 -plaintiffs have purchased the land during the pendency of the earlier proceedings between Joga Singh and Avtar Singh. Learned counsel for the petitioners has further contended that since the property has been purchased during the pendency of suit titled 'Joga Singh etc. v. Avtar Singh etc.', the said findings are binding upon the plaintiffs and the present suit is not maintainable. The principle of res judicata will apply to the plaintiffs who are claiming through persons who were party in earlier litigation.