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Judgment
CIVIL REVISION APPLICATION NO.141 OF 2022
Heard.
The application for rejection of the plaint filed vide Exh.30 in Regular Civil Suit No.43 of 2022, pending on the file of learned 3rd Jt. Civil Judge Jr. Dn., Hinganghat, is the subject matter of challenge in the present Civil Revision Application.
The applicant had sought rejection of the plaint on the ground that the suit was not maintainable in view of Section 11 of the Code of Civil Procedure, 1908. It is well settled that plaint cannot be rejected on the question of res judicata. Perusal of the order indicates that the learned trial Court has rightly considered the legal position and has rejected the application for rejection of plaint. The order passed by the learned trial Court, does not warrant any interference. The Civil Revision Application is therefore rejected.
WRIT PETITION NO.192 OF 2023
The present petition takes exception to the order dated 16.06.2022, passed by the learned 3rd Jt. Civil Judge (J.D.), Hinganghat, on the application at Exh.33 in Regular Civil Suit No.43 of 2022. The petitioners/defendants are moved the said application with a prayer to frame a preliminary issue with respect to maintainability of the suit in view of adjudication in the earlier suit being Regular Civil Suit No.129 of 1985, between the same parties and parties claiming under them. The learned trial Court has rejected the said application.
Perusal of the order indicates that the learned trial Court has dealt with the merits of the issue, whereas the application is only for framing a preliminary issue.
In view of the aforesaid, the order dated 16.06.2022, is quashed and set aside. The learned trial Court is directed to frame a preliminary issue on the point of maintainability of the suit in view of the judgment and decree passed in Regular Civil Suit No.129 of 1985. Writ Petition is disposed of accordingly. No order as to costs.