RAM ADHAR SINGH Vs. NAND KISHORE SINGH

JUDGEMENT

(1.) -This civil revision by the plaintiff is directed against the order dated 1.5.1997 passed by 2nd Subordinate Judge, Aurangabad in Partition Suit No. 20/16 of 1988-95 dismissing the suit on a preliminary issue as being barred by res judicata under Section 11 of the Code of Civil Procedure.

(2.) The petitioner has filed the above mentioned- suit for declaration that the exparte decree passed in Partition Suit No. 93 of 1966 is fraudulent, illegal, void and not binding on him, as well as for decree of partition with respect to his one-eight share in the suit properties as well as other properties which may be found in possession of the joint family. The court below has held that the parties as well as subject-matter of suit being common in both the suits, the joint family land having already been partitioned in the previous suit, the plaintiff cannot seek fresh partition and his claim is barred by res judicata.

(3.) The only point for consideration is whether the decree which is under challenge in the subsequent suit can operate as res judicata in the subsequent suit.