PUSHPA DEVI Vs. CHANDRASEKHAR @ KALU

JUDGEMENT

(1.) The present revision petition has been preferred against the order dtd. 19/7/2013 passed by Additional District Judge, Nathdwara, District Rajsamand in Civil Suit No.24/07 whereby while deciding issue No.3 as a preliminary issue, the learned Court below held that the suit in question would not be barred by res judicata.

(2.) The facts of the case are that a suit for declaration, possession and injunction was preferred by one Chandrasekhar against the defendant Pushpa Devi. Issue no.3 as framed in the said suit was:

(3.) The Court proceeded on to decide issue No.3 as a preliminary issue vide impugned order dtd. 19/7/2013 in favour of the plaintiff and held the suit to be not barred in terms of Sec. 11 and Order 2 Rule 2, CPC.