LAWS(HPH)-2022-10-38

ASHA KUMARI Vs. RATTAN LAL

Decided On October 14, 2022
ASHA KUMARI Appellant
V/S
RATTAN LAL Respondents

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioners have laid challenge to order dtd. 25/3/2022, passed by the Court of learned Civil Judge, Court No. 3, Ghumarwin, District Bilaspur, H.P., passed in CMA No. 493-6/2021-18, filed in Civil Suit No. 184-7/21-12, titled as Rattan Lal Vs. Asha Kumari and others, whereby, an application filed under Order VII, Rule 11 of the Code of Civil Procedure by the present petitioners has been dismissed.

(2.) Brief facts necessary for the adjudication of the present petition are as under:-

(3.) The Civil Suit has been filed in the month of October, 2012. It is in this Civil Suit that in the month of November, 2018, an application was filed under Order VII, Rule 11 of the Code of Civil Procedure by the petitioners herein praying for rejection of plaint on the ground that the suit was barred in law, as it was repeated litigation, because subject matter thereof already stood adjudicated by the competent Civil Court. As per the averments made in the application, the issue which stood raised by the plaintiff, already stood adjudicated by the Court of learned Sub-Judge First Class, Ghumarwin in Civil Suit No. 511/1 of 1994 and, therefore, the suit was barred by the principle of res judicata. It was also mentioned in the application that son of the plaintiff, namely, Tilak Raj had filed another suit on similar facts, which was being adjudicated before the Court of learned Civil Judge (Junior Division), Court No. 2, Ghumarwin, i.e., Civil Suit No. 192/1 of 2013. On these grounds, rejection of the plaint was sought.