GULZARI Vs. ZILE SINGH

JUDGEMENT

(1.) Defendant Gulzari has approached this Court by way of instant revision petition filed under Article 227 of the Constitution of India impugning order dated 14.1.2013 passed by the trial court thereby dismissing application filed by defendant-petitioner under Order 7 Rule 11 of the Code of Civil Procedure (in short, "CPC") for rejection of plaint dated 05.4.2010 Annexure P/7 instituted by respondent-plaintiff Zile Singh against defendant-petitioner. Defendant inter alia alleged that previous suit filed by the plaintiff vide plaint dated 10.6.1999 Annexure P/4 was dismissed as withdrawn vide order dated 6.8.2002 Annexure P/5 and therefore, the instant second suit is barred.

(2.) I have heard counsel for the parties and perused the case file.

(3.) Counsel for the petitioner contended that the instant second suit is barred in view of dismissal of the earlier suit as withdrawn.