ANARUL ISLAM Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) In this Revisional application under section 115(4) of the Code of Civil Procedure the petitioner calls in question the legality and propriety of the impugned judgment and order dated 3.5.2010 passed by the learned District Judge, Meherpur in Civil Revision No.05 of 2008 remanding the suit to the trial Court after setting aside the order dated 22.5.2008 passed by the learned Joint District Judge, Meherpur in Title Suit No.05 of 1999 rejecting the plaint.

(2.) Facts necessary for the purpose of disposal of this case are as follows:-

(3.) The defendant-petitioner entered appearance in the suit and filed an application under Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint stating, inter-alia, that over the self same suit land and in between same parties the defendant-petitioner earlier got decree in Title Suit No.448 of 1975 and the said decree was upheld by the High Court Division in Civil Revision No.4573 of 1995, vide judgment and order dated 18.02.2002 and as such the suit is clearly barred by law of res-judicata.