SHEO NARAYAN MANDAL Vs. MANGAL SAB

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is plaintiff in Title Suit No. 85/1983 which had been filed for declaration of his right and confirmation of possession with respect to the suit property and also for an adjudication that the judgment and decree of Title Suit No. 10/1972 passed by the Additional Munsif, Bhagalpur, was illegal and obtained by fraud played upon the defendants and for injunction etc.

(3.) The petitioner is aggrieved by order dated 24- 4-2003 passed in Title Suit No. 85/ 1983 by which the learned Munsif-I, Bhagalpur, allowed the petition filed by defendant No. 1 (O.P. No. 1) under Order-14, Rule-2(2) of the Code of Civil Procedure (hereinafter referred to as 'the Code') holding that the suit was not maintainable and was barred by the principle of res-judicata as earlier Title Suit No. 10/1972, which was between the same parties and for the same properties, had been decreed.