BALBIR SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE short question arising for determination in the present petition is whether an execution petition withdrawn at any stage without liberty to file a fresh one would amount to res -judicata or would bar the filing of subsequent application for execution?

(2.) IT is not disputed that the matter has attained finality right up till the Apex Court and is at the stage of execution that the objections came to be raised by the petitioners qua the maintainability of the execution petition on the ground that the earlier execution petition on the same cause had been withdrawn without liberty to file a fresh one on the same cause of action.

(3.) ADMITTEDLY , there has been no adjudication on the merits of the case and, therefore, there is nothing in the previous execution petition which can be termed to have been 'heard and finally decided". Thus, invoking of the provisions of Section 11 at the instance of the petitioners was totally mis -conceived.