BHARATRAM Vs. BHAGWAN

JUDGEMENT

(1.) SHYAMLAL This is an application in revision against an appellate order of the Additional Commissioner, Jaipur, dated 25. 9. 1951 confirming an appellate order of the Collector Alwar, whereby the findings of the trial court on issues numbers I and 2 as regards the maintainability or the suit were upheld.

(2.) THE learned counsel appearing on behalf of the appellant has frankly conceded before us that the principle of res judicata is not applicable to the present case, and hence the contention as regards the suit being barred by res judicata was not pressed before us. Thus the only point involved for determination now is whether the suit is barred by Order 23 Rule 1 (3) of the Civil Procedure Code or not. THE facts of the case are not at all in dispute. THE opposite party (Plaintiff) filed a suit in respect of this very cause of action which was decided on 23. 7. 1949 by the following order (our translation ). "bhagwan has stated that he has filed an application before the S. D. O. Dies not want to prosecute the suit. May be consigned to record. "