MUNNI BAI Vs. VISHRAM MEENA

JUDGEMENT

(1.) By way of this revision petition, the petitioner/defendant (for brevity, "the defendant") assails the legality and validity of the order dtd. 4/3/2021 passed by the learned Civil Judge Bamanwas, District Sawaimadhopur (for brevity, "the learned trial Court") dismissing an application filed by her under Order 7 Rule 11 CPC.

(2.) The relevant facts in brief are that the respondent/plaintiff (for brevity, "the plaintiff") filed a suit seeking a decree of dissolution of marriage solemnized in between the parties on the ground of cruelty wherein, the defendant moved an application under Order 7 Rule 11 CPC which has been dismissed by the learned trial Court vide order dtd. 4/3/2021, impugned herein. Assailing the order, learned counsel for the defendant submitted that the present suit filed by the plaintiff was not maintainable inasmuch as his earlier two suits seeking decree of dissolution of marriage were dismissed by the learned Family Court at New Delhi. He, therefore, prays that the civil revision petition be allowed, the order dtd. 4/3/2021 be quashed and set aside and the application filed by her under Order 7 Rule 11 CPC be allowed.

(3.) Per contra, learned counsel for the plaintiff would submit that the application filed by the defendant was not maintainable inasmuch as her earlier application filed under Order 7 Rule 11 CPC was dismissed by the learned trial Court vide order dtd. 15/4/2019. He submits that one of divorce petitions filed by him at New Delhi was withdrawn by him and after dismissal of his second petition seeking dissolution of marriage by the learned Family, New Delhi vide judgment dtd. 29/5/2015, he has filed the present suit based on subsequent events and hence, principle of res-judicata is not attracted. He, therefore, prays for dismissal of the revision petition. Learned counsel, in support of his submissions, relies upon a judgment of this Court in case of Munni Devi (Smt.) & Ors. Vs. Ramsahai (Since Deceased) Thro' LR & Ors.: 2023 (2) DNJ (Raj.) 730.