JUDGMENT :

The instant civil revision petition under Section 115 of the CPC has been filed by the petitioner-defendant no.1 against the order dated 23.09.2022 passed by learned Civil Judge, Sagwara, District Dungarpur (hereinafter referred to as the learned Trial Court) in Civil Original Suit No. 47/2022 whereby the learned Trial Court dismissed the application filed by the petitioner-defendant no. 1 under Section 11 read with Order 7 Rule 11 and read with Section 151 of the CPC.

2. Learned counsel for the petitioner submits that the learned Trial Court has erred in law while passing the impugned order. It is submitted that the suit is barred by res-judicata because a similar suit for permanent injunction based upon same facts was dismissed by the learned Trial Court vide judgment and decree dated 18.11.2005. The cause of action in both the suits is the same. It is further submitted that the former suit which was decided on 18.11.2005, was filed by the father of respondents-plaintiffs against the family members of the petitioner-defendant and was based on the same cause of action. Under the provisions of Section 11, CPC, a subsequent suit is barred if a former suit is decided between