SHASHI KUMAR PRABHUNE Vs. SANJAY PRABHUNE

JUDGEMENT

(1.) These civil revision petitions have been filed by the petitioners-defendants (for short 'the defendants') against the order dtd. 22/7/2015 passed by Additional District Judge No. 17, Jaipur Metropolitan (for short 'the trial Court') in civil suit No. 15/15, whereby the trial Court dismissed the applications filed by the defendants under Order 7 Rule 11 read with Sec. 151 CPC.

(2.) Learned counsel for the defendants submits that respondent No. 1-plaintiff (for short 'the plaintiff') filed a civil suit against the defendants for partition, declaration, cancellation of sale deed and gift deed and permanent injunction. Counsel further submits that prior to this suit, on the basis of similar facts plaintiff also filed a suit for partition and permanent injunction before the Additional District Judge No. 3, Jaipur Metropolitan in which compromise was arrived in between the parties and on account of compromise Additional District Judge No. 3, Jaipur Metropolitan vide its order dtd. 18/10/2014 in case No. 41/14 decided the suit. He also submits that present suit was also filed by plaintiff on similar facts. So, the plaintiff had no right to file the present suit because it is barred by res judicata as the controversy in the present suit had already been decided, but the trial Court vide its order dtd. 22/7/2015 wrongly dismissed the application filed by the defendants. So, the order dtd. 22/7/2015 passed by the trial Court be set aside and the suit filed by the plaintiff be dismissed on account of res judicata.

(3.) Learned counsel for the defendants has placed reliance upon the following judgments:-