(1.) In civil suit N: 20 of 2014, an application under Order 7 Rule 11 CPC for rejection of the plaint, moved by the defendant No. 6- Som Nath (appellant herein), was accepted by Ld. Civil Judge (Jr Divn), Ludhiana vide order dtd. 9/9/2016. However, the appeal (CA N: 88 of 2017) filed by plaintiff - Jaspal Kaur (respondent No. 1 herein), has been allowed by the Ld. Addl. District Judge, Ludhiana, by way of the impugned order dtd. 9/12/2021, thus, dismissing the application under Order 7 Rule 11 CPC. It is against this reversal that defendant N: 6 of the suit has approached this Court by filing the present second appeal against order.
(2.) The facts of the case in brief are as under:-
(3.) Learned Civil Judge (Junior Division) Ludhiana, vide order dtd. 9/9/2016 accepted the application of the appellant- defendant under Order 7 Rule 11 CPC on the ground that the suit was barred by the principle of res-judicata as contained in Sec. 11 CPC and further held that the suit had been filed with a motive to frustrate the execution petition. The application was accordingly allowed and the plaint was ordered to be rejected.
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