Rajnarayan Bhatt vs Gulab Gupta
2023 Latest Caselaw 887 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                           ON THE 16 th OF JANUARY, 2023
                                           CIVIL REVISION No. 516 of 2022

                          BETWEEN:-
                          RAJNARAYAN BHATT S/O LATE SHRI KRISHNA KUMAR
                          BHATT, AGED ABOUT 35 YEARS, OCCUPATION:
                          AGRICULTURIST VILLAGE MANPUR P.S. MANPUR,
                          DISTRICT UMARIYA (MADHYA PRADESH)

                                                                             .....PETITIONER
                          (BY SHRI ANIL KUMAR DWIVEDI-ADVOCATE )

                          AND
                          1.    GULAB GUPTA S/O SHRI CHHOTELAL GUPTA,
                                AGED    ABOUT   66   YEARS, OCCUPATION:
                                AGRICULTURIST VILLAGE MANPUR POLICE
                                STATION AND TEHSIL MANPUR , DISTRICT
                                UMARIYA (MADHYA PRADESH)

                          2.    RAMGARIB S/O SHRI CHHOTELAL GUPTA, AGED
                                ABOUT 61 YEARS, OCCUPATION: AGRICULTURIST
                                R/O VILLAGE MANPUR POLICE STATION AND
                                TEHSIL MANPUR DISTRICT UMARIYA M.P.
                                (MADHYA PRADESH)

                          3.    SHIV PRASAD GUPTA S/O SHRI CHHOTELAL
                                GUPTA, AGED ABOUT 55 YEARS, OCCUPATION:
                                AGRICULTURIST R/O VILLAGE MANPUR POLICE
                                STATION AND TEHSIL MANPUR DISTRICT
                                UMARIYA M.P. (MADHYA PRADESH)

                          4.    SHIV PRASAD AWADHIYA S/O NANDKISHORE
                                AWADHIYA, AGED ABOUT 65 YEARS, R/O VILLAGE
                                MANPUR POLICE STATION AND TEHSIL MANPUR
                                DISTRICT UMARIYA M.P. (MADHYA PRADESH)

                          5.    SMT. SUNITA W/O MAHESH PATEL, AGED ABOUT
                                40   YEARS, R/O VILLAGE MANPUR POLICE
                                STATION AND TEHSIL MANPUR DISTRICT
                                UMARIYA M.P. (MADHYA PRADESH)

Signature Not Verified
Signed by: SWETA SAHU
Signing time: 1/17/2023
4:56:20 PM
                                                         2
                          6.    JAGDISH KORI S/O SHRI NATTHU KORI, AGED
                                ABOUT 45 YEARS, R/O VILLAGE MANPUR POLICE
                                STATION AND TEHSIL MANPUR DISTRICT
                                UMARIYA M.P. (MADHYA PRADESH)

                          7.    INDRAJEET GUPTA S/O SHRI RAMRAHASDHARI
                                GUPTA, AGED ABOUT 48 YEARS, R/O VILLAGE
                                MANPUR POLICE STATION AND TEHSIL MANPUR
                                DISTRICT UMARIYA M.P. (MADHYA PRADESH)

                          8.    SMT. MAMTA GUPTA W/O SHRI VIKASH GUPTA,
                                AGED ABOUT 32 YEARS, R/O VILLAGE MANPUR
                                POLICE STATION AND       TEHSIL MANPUR
                                DISTRICT UMARIYA M.P. (MADHYA PRADESH)

                          9.    RAJESH GUPTA S/O SHRI RAMCHARIT GUPTA,
                                AGED ABOUT 35 YEARS, R/O VILLAGE MANPUR
                                POLICE STATION AND       TEHSIL MANPUR
                                DISTRICT UMARIYA M.P. (MADHYA PRADESH)

                          10.   PREMLATA KHANDELWAR W/O LATE SHRI
                                MANOJ KHANDELWAR, AGED ABOUT 35 YEARS,
                                R/O VILLAGE MANPUR POLICE STATION AND
                                TEHSIL MANPUR DISTRICT UMARIYA M.P.
                                (MADHYA PRADESH)

                          11.   JAY KUMAR KHANDELWAR S/O SHRI SHRAVAN
                                KHANDELWAR, AGED ABOUT 37 YEARS, R/O
                                VILLAGE MANPUR POLICE STATION AND TEHSIL
                                MANPUR DISTRICT UMARIYA M.P. (MADHYA
                                PRADESH)

                          12.   VIJAY KUMAR     KHANDELWAR    S/O SHRI
                                SHRAVAN KUMAR KHANDELWAR, AGED ABOUT
                                37   YEARS, R/O VILLAGE MANPUR POLICE
                                STATION AND TEHSIL MANPUR DISTRICT
                                UMARIYA M.P. (MADHYA PRADESH)

                          13.   RAMKESH BARI S/O SHRI DINESH BARI, AGED
                                ABOUT 37 YEARS, R/O VILLAGE MANPUR POLICE
                                STATION AND TEHSIL MANPUR DISTRICT
                                UMARIYA M.P. (MADHYA PRADESH)

                          14.   SMT. SAROJ BAI W/O SHRI RAMGARIB
                                CHOUDHARY, AGED ABOUT 36 YEARS, R/O
                                AMILIYA (PARASI) AT PRESENT R/O VILLAGE
                                MANPUR POLICE STATION MANPUR DISTRICT
                                UMARIYA M.P. (MADHYA PRADESH)

                          15.   STATE   OF   MADHYA    PRADESH THROUGH
Signature Not Verified
Signed by: SWETA SAHU
Signing time: 1/17/2023
4:56:20 PM
                                                         3
                                   COLLECTOR UMARIYA DISTRICT UMARIYA M.P.
                                   (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                          (SHRI A.K. JAIN-ADVOCATE FOR RESPONDENTS 1-3, )

                                   This revision coming on for admission this day, th e court passed the
                          following:
                                                                ORDER

Heard on IA No.751/2023, which is an application under Order 1 Rule 10 CPC.

After arguments, learned counsel for proposed respondents Shri Shishir Soni, prays for permission to withdraw this application.

Prayer being reasonable is accepted and application IA No.751/2023 is dismissed as withdrawn.

This civil revision has been preferred by defendant 2/petitioner challenging the order dated 30.07.2022 passed by Civil Judge, Jr. Division, Manpur, District Umariya, whereby learned court below has dismissed the application under Section 11 CPC filed by the defendants 2,5,6,11&12.

Learned counsel for the petitioner submits that the learned court below has without considering the material available on record dismissed the application under Section 11 CPC, whereas the present/later suit filed by the plaintiffs is clearly barred by res judicata and the previous judgment and decree dated 22.08.1996 operates res judicata to the present/later suit.

Learned counsel for the respondents 1-3/plaintiffs supports the impugned order.

Heard learned counsel for the parties and perused the record. It is well settled that the question of res judicata cannot be considered under Order 7 Rule 11 CPC and the pleas/issues of res judicata has to be Signature Not Verified Signed by: SWETA SAHU Signing time: 1/17/2023 4:56:20 PM

decided only after recording evidence of the parties.

Accordingly this civil revision is disposed off with the direction that learned trial court shall in the light of order passed today in M.P No.6452/2022 shall decide the effect of previous judgment and decree at the time of final adjudication on the basis of evidence led by the parties, certainly without being influenced by the impugned order dated 30.07.2022.

With the aforesaid observations this civil revision is disposed off. Interim application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 1/17/2023 4:56:20 PM