TRILOKI PANDIT Vs. BHOLCHOO PANDIT

JUDGEMENT

(1.) Heard learned counsel for the petitioner. No one appears on behalf of the opposite parties even after filing of appearance.

(2.) This civil revision application is against order dated 22.07.2014 passed by Mr. Rajendra Das, learned Munsif, Khagaria in T.S.No.13 of 2014, whereby the plaint has been dismissed as not maintainable on the ground that the same dispute between the same parties was already decided in T.S.No.73 of 1996. In other words, the present suit was barred by res judicata.

(3.) The petitioner has challenged the correctness of the finding on the ground that the suit is not barred by res judicata. A copy of the plaint of the present suit as well as of Title Suit No.73 of 1996 has been enclosed as Annexures-1 and 2 respectively. The plaint reveals that the sole plaintiff of T.S.No.13 of 2014, Mr. Triloki Pandit @ Tilkeshwar Pandit was defendant No.1 in T.S.No.73 of 1996. Defendant No.1 of this suit, Bholchoo Pandit, Son of Late Mohan Pandit was plaintiff of T.S.No.73 of 1996 alongwith his father Mohan Pandit, who was thus alive. Defendant second set Akkal Pandit @ Akhileshwar Pandit was defendant No.2 in the earlier suit. Defendant Nos.2 to 4 are sons of Kamleshwari Pandit and Kamleshwari Pandit was defendant No.3 in the earlier suit. Thus the parties were/are the same except the State of Bihar through Collector, Khagaria, who has been added as defendant third set in the present suit.