Brajmohan vs Devanshf
2024 Latest Caselaw 3813 MP

Madhya Pradesh High Court

Brajmohan vs Devanshf on 8 February, 2024

Author: Hirdesh

Bench: Hirdesh

                                                        1

                          IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT I N D O R E
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE HIRDESH

                                       ON THE 8th OF FEBRUARY, 2024

                                       CIVIL REVISION No. 106 of 2024

                         BETWEEN:-
                            BRAJMOHAN S/O LAKSHMI CHANDRA AGRAWAL, AGED
                            ABOUT 53 YEARS, OCCUPATION: BUSINESS KURAVAR
                         1.
                            MANDI, TEHSIL NARSINGHGARH, DISTRICT RAJGARH
                            (MADHYA PRADESH)
                            SMT. RENU AGRAWAL W/O BRAJMOHAN AGRAWAL, AGED
                            ABOUT 50 YEARS, OCCUPATION: HOUSEHOLD KURAVAR
                         2.
                            MANDI, TESIL NARSINGHGARH DIST. RAJGARH (MADHYA
                            PRADESH)
                                                                      .....APPLICANTS
                         (MR. AKHIL GODHA, ADVOCATE FOR APPLICANTS)

                         AND
                            DEVANSH S/O LATE RAJENDRA GARG, AGED ABOUT 20
                         1. YEARS, OCCUPATION: STUDENT 32, G-1, RACHANA NAGAR,
                            BHOPAL AT PRESENT- INDORE (MADHYA PRADESH)
                            THE STATE OF MADHYA PRADESH, THROUGH THE
                         2.
                            COLLECTOR RAJGARH (MADHYA PRADESH)
                                                                  .....NON-APPLICANTS
                         (MS. MEHUL SHUKLA, ADVOCATE FOR NON-APPLICANT/STATE)
                               This revision coming on for orders this day, the court
                         passed the following:-

                                                     ORDER

Heard on the point of admission.

This civil revision has been preferred by the applicants under Section 115 of the Code of Civil Procedure, 1908,

against the order dated 06.01.2024 passed by the Civil Judge, Junior Division, Narsinghgarh, District-Rajgarh (MP) in Civil Suit No.71-A of 2019 whereby the application filed by the applicant under Section 11 of the Code of Civil Procedure, 1908.

(2) Counsel for the applicants contended that the suit was barred by limitation under Section 11 of Code of Civil Procedure, 1908, because the earlier suit was decided between the plaintiffs and defendant in respect of the suit land.

(3) Looking to the plaint P/1 and earlier judgment dated 12.01.2008 in Civil Suit No.22-A/2008, it was found that the parties were different in both the suits.

(4) Section 11 of Code of Civil Procedure, 1908 is relevant which reads as under:-

"11. Res judicata.- No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and has been heard and finally decided by such Court".

(5) Considering the aforesaid, it was found that in the suit land if the parties are same, then section 11 CPC does not apply but in the present suit and in the earlier suit the plaintiff are same but the defendant is different, hence section 11 CPC do not apply and accordingly the trial Court has not

committed any error while rejecting the application of applicants/plaintiffs.

(6) In view of the aforesaid, civil revision sans merit and is hereby dismissed.

(7) Certified copy, as per Rules.

                                                                                   (HIRDESH)
                         Arun/-                                                     JUDGE