RAM PEYARE MAHTO Vs. RAM SOGARATH PASWAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 28/11/2017 in Title Suit No. 19 of 2013 passed by learned Sub-Judge-3, Dalsingsarai whereby and whereunder the application dtd. 10/2/2014 under Sec. 11 of Code of Civil Procedure, 1908 filed by the petitioners has been disposed of observing that the issue raised shall be decided at the time of final decision in the suit.

(3.) Respondent Nos. 1 to 6 are plaintiffs who have filed Title Suit No. 19 of 2013 for declaration of title and possession of the plaintiffs over the suit land. On receiving summons in the suit, the petitioners appeared and filed written statement and thereafter filed a petition dtd. 10/2/2014 under Sec. 11 C.P.C. praying to dismiss the suit as barred by res judicata in view of the earlier judgment and decree dtd. 29/12/1989 in Title Suit No. 52 of 1981 passed by learned Munsif, Dalsingsarai whereby and whereunder the title of the petitioner was declared which was affirmed by the judgment and decree dtd. 31/7/1993 in Title Appeal No. 12 of 1990 and Second Appeal No. 644 of 1993 filed by the plaintiffs of the present suit was also dismissed vide judgment dtd. 24/4/2013 (as modified by order dtd. 12/2/2014) by this Court. The said petition was opposed by the plaintiffs and was dismissed by the learned trial Court vide the impugned order dtd. 28/11/2017.