VISHWANATH PRASAD CHAURASIA Vs. NAND KISHORE DAS GAUD

JUDGEMENT

(1.) Heard the learned counsel Mr. Ashok Kumar on behalf of the petitioner. In spite of service of notice on the opposite party nobody appears at the time of hearing in admission matter, ft appears that by terms of order dated 14.3.2010 notices were issued in admission matter and further proceedings in Title Suit No. 169 of 2004 pending in the Court of Munsif, Aurangabad has been stayed. This revision application has been filed by the defendant-petitioner against the order dated 9.5.2007 passed by Munsif, Aurangabad in Title Suit No. 169 of 2004, whereby the learned court below held that the suit is not barred by res judicata.

(2.) The plaintiff-opposite party filed the present suit being Title Suit No. 169 of 2004 praying for declaration of title and confirmation of possession of the plaintiff on the suit land comprised within Plot Nos. 662 and 558 as mentioned in detail in Schedule-1 of the plaint and also prayed for permanent injunction against the defendant-petitioner.

(3.) The defendant-petitioner appeared and filed written statement and thereafter filed an application for deciding the question of res judicata as preliminary issue under Order 14 Rule 2 of the Code of Civil Procedure. According to the defendant-petitioner the Title Suit No. 310 of 1970 between the same party concerning the same subject matter of present suit where same issues were involved has already been decided. In that title suit of the year 1970 the present plaintiff was defendant who had filed written statement and suit was filed by father of present defendant petitioner namely Moti Ram. However, Title Suit No. 310 of 1970 was decreed ex parte in favour of the father of the defendant petitioner.