PARVINDER KUMAR Vs. SUSHIL KUMAR AND OTHERS

JUDGEMENT

(1.) This is an application filed under section 149 CPC for condoning the delay in making the deficiency in the courts fees good.

(2.) The plaintiffs had filed a suit for possession against the defendant asserting that the defendant is tenant in the premises. The plaintiffs had also prayed for decree regarding recovery of arrears of rent and mesne profits.

(3.) Defendant contested the suit on the ground that the suit is barred under the provisions of Order 23 of Code of Civil Procedure as also the finding is res judicata. It was pleaded that the landlord had earlier filed a suit for possession with similar allegations. However, the same was withdrawn. It was further asserted that the another suit was filed in the year 2002 for possession which was dismissed. First Appeal as well as Regular Second Appeal were also dismissed.