VEENA VERMA Vs. RAJINDER PARSHAD

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 17.8.2005 passed by learned Addl. Civil Judge (Sr. Divn.), Ambala vide which the application moved by the petitioner herein under Order 6 Rule 17 read with Section 151 C.P.C. has been ordered to be dismissed.

(2.) The plaintiff respondent has filed a suit for declaration to the effect that the judgment and decree dated 4.11.1993 passed by the Court of Shri Virender Singh the then Senior Sub Judge, Ambala in civil suit No. 739-CS of 1993 titled Mrs. Veena Verma v. Mrs. Shanti Devi regarding property bearing House tax No. 1262 Block No.3, Chowk Darzian Ambala City is illegal, null and void.

(3.) The present petitioner appeared in the said suit and filed written statement wherein various preliminary objections were taken. During the pendency of the suit, another suit which was pending in the Court of Shri Ashok Bhardwaj the then learned Sub Judge Ist Class, Ambala City, was decided on 19.5.2000 by his successor Mrs. Sangeeta Rai Sachdev, Civil Judge ( Jr. Divn.), Ambala City. The matter in dispute in the said suit was the same as in the present suit and in view of the said order as well as dismissal of the appeal as withdrawn the petitioner has sought the amendment of the written statement so as to raise a preliminary objection that the suit of the plaintiff was barred by the principle of res judicata. The said application has been rejected by the learned trial Court by observing that this was merely an attempt to delay the proceedings of the present suit as the petitioner has not filed the application under Section 10 C.P.C. for stay of the present suit due to pendency of another suit.