BHAWANDAS Vs. KISHENRAO

JUDGEMENT

(1.) THIS second appeal relates to the applicability of Section 6, Suits Valuation Act, corresponding to Section 11 of the Indian Act.

(2.) THE suit was originally filed in the Munsiffs Court at Jintur for registration of a document. The suit was decreed ex parte and the document was registered in the office of the Sub -Registrar at Jintur. On the basis of that decree and the registered document the Plaintiff tiled a suit for possession of the property covered by the document. The advocate for the Defendant urged that the Munsif at Jintur had no jurisdiction in respect of the first suit. The question now is whether the decision m the first suit is operative as res judicata even though it was an ex parte decision.

(3.) IN the result we allow the appeal and the Plaintiff's suit is decreed with costs throughout.