SURYA VIJOY KUMAR SINGH Vs. ROBINA WASIK

JUDGEMENT

(1.) Heard.

(2.) The present appeal has been preferred against an order dated 12.10.2004 passed in Title Suit No.90 of 2001, whereby the learned Sub-Judge-II, Patna City rejected the petition filed for injunction. In the Injunction petition, a prayer was made to restrain the Defendant 1st Set from alienating or dispose of any suit property.

(3.) Sri Devendra Kumar Sinha, learned Senior Counsel, who was assisted by Sri Anjani Kumar Sharan, learned counsel for the Respondents has primarily attacked on the impugned order on the point that the learned Sub Judge had rejected the injunction petition solely on the principle of res judicata. He submits that it is true that in the year 2001 also in the same suit on behalf of the appellant/plaintiff, injunction petition was filed and it was rejected. Subsequently, in the changed circumstances, again an injunction petition was filed, which has been rejected on the ground of principle of res judicata.