VIRENDER KUMAR SEWAL Vs. SHANTI DEVI PAUL

JUDGEMENT

(1.) IN terms of the impugned judgment dated 29.6.2002, passed in Civil Appeal No. 51 -N/13 of 2000, the Additional District Judge, Sirmaur District at Nahan, H.P. has set -aside the judgment and decree dated 2.8.2000 passed by the Sub Judge 1st Class, Nahan, in Civil Suit No. 97/1 of 1999/98 and after returning the findings on Issue No. 5 and holding that the plaintiff 'ssuit was not barred under the provisions of Order 2 Rule 2 CPC, remanded the matter back to the trial Court for disposal in accordance with law.

(2.) SMT . Shanti Devi, contesting respondent No. 1 herein (hereinafter referred to as 'the plaintiff ') purchased land from the appellants herein (hereinafter referred to as 'the defendants '). On the strength of the Sale Deed, the plaintiff filed Civil Suit No. 62/1 of 1986/88/1 of 1987 titled as Smt. Shanti Devi v. Pritama Katoch and Ors. claiming a right of passage over Khasra No. 358/1 belonging to Smt. Pritama Katoch. In the said suit, the defendants who were also arrayed as proforma defendants, supported the plaintiff. However, after trial, the plaintiff 'ssuit was dismissed vide judgment and decree dated 10.12.1992 passed by the Sub Judge 1st Class, Sirmaur District at Nahan, H.P. holding that the plaintiff had no right of passage through Khasra No. 358/1. The same has attained finality. Consequently, thereafter plaintiff filed the instant Civil Suit No. 97/1 of 1999/98 titled as Shanti Devi v. Virender Kumar and Ors. claiming a right of passage through the defendants ' land.

(3.) APPRECIATING the material on record, Sub Judge 1st Class, Nahan, District Sirmaur, H.P. in terms of judgment dated 2.8.2000 dismissed the plaintiff 'sSuit, holding that the same was barred by the provisions of Order 2 Rule 2 CPC.