Gulab Ram vs Vakta Ram (2023:Rj-Jd:38114)
2023 Latest Caselaw 9186 Raj

[2023:RJ-JD:38114]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Revision Petition No. 69/2022

Gulab Ram S/o Bhiyaram Ji Sargra, Aged About 75 Years, R/o Near Baba Ram Dev Temple, Jaitaran, Distt. Pali.

----Petitioner Versus

1. Vakta Ram S/o Sugalram Ji Sargra, R/o Near Baba Ram Dev Temple, Jaitaran, Distt. Pali.

2. Executive Officer, Municipality Jaitaran, Distt. Pali.

3. Chairman, Municipality Jaitaran, Distt. Pali.

----Respondents

For Petitioner(s) : Mr. Vijay Rajpurohit for Mr. Sandeep Saruparia For Respondent(s) : Mr. Naresh Singh for Mr. Rakesh Arora

HON'BLE MS. JUSTICE REKHA BORANA

Order

06/11/2023

1. The present revision petition has been preferred against the

order dated 16.02.2022 passed by the Civil Judge, Jaitaran in Civil

Suit No.127/2021 whereby the application under Order VII Rule

11 read with Section 11, CPC as preferred by defendant No.1 has

been rejected.

2. The learned Court below, while rejecting the application,

observed that prima facie it did not reflect that the suit was barred

by res judicata and further that, if a pleading on the basis of facts

has been made, the same cannot be decided at the initial stage

without adjudication on merits.

3. In the opinion of this Court, the finding of the Court below

does not deserve any interference in view of the latest judgment

[2023:RJ-JD:38114] (2 of 2) [CR-69/2022]

in the case of Keshav Sood vs. Kirti Pradeep Sood & Ors.;

Civil Appeal No.5841 of 2023 decided on 12.09.2023. The

Hon'ble Apex Court in the said matter held as under:

6. Hence, in our view, the issue of res judicata could not have been decided on an application under Rule 11 of Order VII of CPC. The reason is that the adjudication on the issue involves consideration of the pleadings in the earlier suit, the judgment of the Trial Court and the judgment of the Appellate Courts. Therefore, we make it clear that neither the learned Single Judge nor the Division Bench at this stage could have decided the plea of res judicata raised by the appellant on merits.

7. Therefore, we agree with the final conclusion of the Division Bench of the High Court that the suit needs to be decided on merits with a modification that the issue of res judicata will remain open and the learned Single Judge will frame an issue on res judicata along with the other issues.

4. In view of the ratio as laid down by the Hon'ble Apex Court,

the present revision petition is disposed of. The issue of res

judicata is left open to be raised and decided on merits.

5. Stay petition and all pending applications, if any, also stand

disposed of.

(REKHA BORANA),J 361-T.Singh/-

Powered by TCPDF (www.tcpdf.org)