ORDER :

1. The present revision petition has been preferred against the order dated 19.07.2013 passed by Additional District Judge, Nathdwara, District Rajsamand in Civil Suit No.24/07 whereby while deciding issue No.3 as a preliminary issue, the learned Court below held that the suit in question would not be barred by res judicata.

2. The facts of the case are that a suit for declaration, possession and injunction was preferred by one Chandrasekhar against the defendant Pushpa Devi. Issue no.3 as framed in the said suit was:

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3. The Court proceeded on to decide issue No.3 as a preliminary issue vide impugned order dated 19.07.2013 in favour of the plaintiff and held the suit to be not barred in terms of Section 11 and Order 2 Rule 2, CPC.

4. The case of the defendant was that the present plaintiff Chandrasekhar purchased the property in question from one Shyam Lal. Earlier, a suit for mandatory and permanent injunction was filed by Shyam Lal in the year 2004 against the present petitioner-defendant Pushpa Devi. In the said suit, issue No.1 was framed as under:

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