SURENDRA PRATAP Vs. KABOOTAR KHANA

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner defendant against the order dated 4.3.2014 passed by the learned Civil Judge (Jr. Div.), Ladnoon District Nagaur in Civil Original Suit No. 15/2012 whereby the application filed by the petitioner under Order 7, Rule 11 C.P.C. was rejected.

(2.) I have heard the arguments advanced by the learned Counsel for the petitioner and have gone through the impugned order.

(3.) The petitioner defendant filed the application for rejection of the suit on the ground of res-judicata. The Trial Court whilst dealing with the application observed that earlier, the suit filed inter se between the parties was under the provisions of the Rajasthan Tenancy Act whereas, the suit in question had been preferred under Section 106 of the Transfer of Property Act. The Trial Court further held that the present suit in relation whereto the application was filed under Order 7, Rule 11 C.P.C., was filed revealing a fresh cause of action and accordingly, the application filed by the petitioner was rejected.