MAHENDER SINGH Vs. RAM AUTAR

JUDGEMENT

(1.) This application has been filed under Section 151 CPC for condonation of delay in refiling the appeal. After hearing counsel for the appellants, this application is allowed subject to just exceptions and delay of 411 days in refiling the appeal is condoned.

(2.) Appellants plaintiffs filed a suit for partition by way of separate possession with respect to the land, description of which was given in their plaint. Their suit was dismissed. They also failed in appeal. Both the Courts below have found it as a matter of fact that the suit was barred by principles of res judicata as envisaged under Section 11 C.P.C. To say so, reliance has been placed upon copy of the plaint in the earlier suit,Ex. D1, copy of written-statement Ex. D2 and judgment and decree dated October 3, 1997, Ex. D4 and Ex. D5 respectively.

(3.) Further reliance has also been placed upon judgment and decree passed by the appellate Court on November 21, 1990, Ex. D3. By taking note of above mentioned documents, it has been said that the appellants have no right to ask for partition of the land as they were not co-sharers.