ABHINANDAN JHA ALIAS ABHED JHA Vs. ANANT MISHRA

JUDGEMENT

(1.) THE plaintiffs are the petitioners against the order dated 25.1.2002 passed by Munsif, 1st, Madhubani in Title Suit no. 39 of 2001 deciding the preliminary issue and holding that the suit is barred by principle of res judicata.

(2.) A preliminary objection has been raised by the opposite parties with regard to maintainability of the civil revision application.

(3.) ACCORDING to learned counsel for the opposite -parties, once the suit has been disposed of on the ground of its being barred by res judicata the order falls within the definition of decree as defined under Section 2(2) of the Code and as such the appeal will lie against the said order and the revision is not maintainable under Section 115 of the Code.