PIARE LAL Vs. DURGA SINGH

JUDGEMENT

(1.) The plaintiff, is, aggrieved by the verdict, rendered, by the learned Civil Judge, (Senior Division), Kullu, upon, Civil Suit No. 61 of 2004, wherethrough, the afore civil suit, stood dismissed, with costs. Hence the plaintiff, through, the instant civil revision petition, strives to cast a challenge thereon, and, obviously, hence, strives, to, beget reversal, of, the afore verdict.

(2.) Shorn off un-necessary details, the paramount reason(s), which hence prevailed, upon, the learned trial Judge, to, dismiss the suit, is, hinged upon, the plaintiffs a) pro-actively indulging in vices, of, suppressio veri, and, suggestio falsi b) vice(s) whereof are, reflected in the impugned verdict, to stand generated, by the plaintiff, concealing the factum, qua his rearing earlier suits, wherein, stood carried, suit khasra Nos rather analogous, vis-à-vis, the suit property hereat, and, c) also, wherein the contesting litigants, thereat hence bore commonality, vis-à-vis, the contesting litigants hereat, d) thereupon the principle, of, statutory estoppel, and, of constructive resjudicata, embodied in Section 11 of the CPC, provisions whereof stands extracted hereinafter:

(3.) Consequently, there is no merit, in the instant petition, and, the same is dismissed. The verdict pronounced by the learned Civil Judge (Sr. Divn) Kullu, upon, Civil suit No. 61 of 2004, is affirmed, and, maintained. The pending application(s), if any, are also disposed of. No costs.