GOVIND PURI CHELA Vs. SMT. SHANKUTALA SHARMA

JUDGEMENT

(1.) The instant writ petition has been filed on behalf of the petitioner challenging the order dated 6.4.2013 passed by the learned Civil Judge (Junior Division), Jodhpur District, Jodhpur in Civil Suit No. 11/2011, whereby, the application filed by the petitioner for dismissal of the suit on the ground of res judicata was dismissed.

(2.) Learned Counsel for the petitioner submits that earlier on also, another civil suit was filed by the plaintiff and her two relatives against the petitioner's grand-mother in relation to the specific performance of agreement to sale executed for the same property. The said suit was rejected by the learned Trial Court. Learned Counsel contends that a second civil suit filed around in relation to the same property is not maintainable and, thus, the order impugned be set aside and the civil suit in question be dismissed.

(3.) Per contra, learned Counsel Shri Praveen Mahecha appearing on behalf of the respondent pointed out that the earlier suit filed by the plaintiff was not in relation to the specific performance of the agreement dated 20.12.1976. The said suit was rejected because of miscommunication between the Counsel and the 1 plaintiff and for this reason evidence could not be led before the Trial Court. He submitted that another agreement dated 14.9.1987 was executed by Ram Chandra in favour of the plaintiffs husband and the present suit has been filed for execution of the specific performance of the said agreement. Learned Counsel submitted that the learned Trial Court rightly rejected the application filed by the petitioner observing that the suits were filed in relation to execution of different agreements. He thus submitted that the provisions of Section 11 C.P.C. do not apply to the facts of the present case and thus the writ petition should be dismissed.