POONA RAM Vs. GHANSHYAM KADELA

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 14/10/2022 passed by the Additional District Judge, No.5, Jodhpur Metro in Civil Original Suit No.49/2019 (NCV No.49/2019) whereby issue No.8 as framed has been decided.

(2.) As an averment regarding the suit being barred by res judicata was raised by the defendants vide an application under Order XIV Rule 2 of the Code of Civil Procedure (CPC), the said application was allowed vide order dtd. 18/10/2021 and in pursuance to the same, learned trial Court proceeded on to decide issue No.8 as a preliminary issue.

(3.) Averment of the defendants was that earlier a suit qua the same suit property was instituted [Civil Suit No.41/2012(146/2012)] which suit had been finally adjudicated and decided vide judgment dtd. 3/6/2017. The present suit also pertains to the same property, only the names of the plaintiffs have been changed. The plaintiffs in both the matters have instituted the suit under the same capacity arising out of the same title. Earlier suit was filed by Meghvanshi Vikas Samiti whereas the present suit in representative capacity has been filed on behalf of Meghwal Samaj. The matter in issue in the present suit was directly and substantially in issue in the earlier suit and the said suit having been heard and finally decided, the present suit by the parties who claim to be litigating under the same title cannot be tried by the Court and the earlier suit would definitely operate as res judicata to the present suit.