RAM SINGH Vs. FATEHLAL

JUDGEMENT

(1.) THIS is a revision petition against the order of the learned Revenue Appellate Authority dated 16. 7. 64, whereby he accepted the appeal of the non-petitioner against the judgment and decree of the Asstt. Collector, Udaipur, dated 30. 2. 1964 and remanded the case to the trial court for proceeding on merits.

(2.) BRIEFLY stated the facts leading to this revision are that the non-petitioner filed a suit against the petitioners for redemption of mortgage and possession of agricultural lands relating thereto. The defendants put up the plea that a similar suit filed by the plaintiff previously had been dismissed and, therefore, no fresh suit was maintainable. The trial court accepted this plea of res judicata and dismissed the suit.