KRISHAN KUMAR Vs. SARISTA DEVI AND ANOTHER

JUDGEMENT

(1.) Defendant No.1 has filed the present revision petition under Article 227 of the Constitution, challenging the order dated 20th December 2016 (Annexure P-3) passed by Additional Civil Judge (Senior Division), Hoshiarpur, dismissing application under section 10 CPC, refusing to stay trial of the suit.

(2.) Learned trial Court after hearing the arguments recorded the following order:-

(3.) Counsel for the petitioner has challenged the aforesaid order on three counts; (i) the property in dispute in both the suits is the same; (ii) previous suit filed by the petitioner was decreed ex-parte on 31.8.2012 and that ex parte decree has been set aside only on 6th December, 2016, therefore, petitioner could have filed the application under section 10 CPC earlier; (iii) since the findings in the previous suit would operate as res judicata, therefore, subsequent suit cannot be allowed to proceed.