1988 Supreme(Raj) 237
Rajasthan High Court, Jaipur Bench
N.M. Kasliwal, J.
Deshraj - Appellant
Versus
Om Prakash - Respondents
S.B. Civil, Revision Petition No. 540 of 1988
Decided On : August 30, 1988
R.M. Lodha, for Petitioner; R.K. Mathur, for Non-Petitioners
Headnote:Civil P.C., 1S08, Secs. 11 and 115—In an earlier revision petition the order of trial court striking of defence against eviction was kept intact so far as the ground for default in payment of rent is concerned—This question against the eviction became final between the parties— Application with a prayer to con-test the right so far as default in payment of rent is concerned on account of changed circumstances, the defendant cannot raise this controversy again in the present proceedings. (Para 3) Revision dismissed.
2. It was contended by Mr. Lodha that the earlier order was not resjudi-cate and in view of changed circumstances, the defendant was entitled to raise the plea that the defence against eviction was not liable to be struck out.
3. I see no force in the contention of Mr. Lodha. So far as the question whether the defence against eviction is liable to be struck out or not became final between the parties by the trial courts order dated September 14, 1983 and its final culmination in the revision No. 676/1984 decided by the High Court by order dated February 11, 1987. Even if the Full Bench of this Court in Bishan Das Vs. Savitri, (supra) may have taken the view that the provisions of Section 5 of the Limitation Act and the question of bonafide good faith in not depositing the rent in time can be considered it cannot afford a ground to the defendant to raise this controversy again in the present, proceedings. The order of the High Court in civil Revision No. 676/1984 decided on February 11. 1987 is final in this regard so far as the parties in the present case are concerned. In view of these circumstances, I find no ground or justification to make any interference in the orders passed by the lower court. This revision thus having no force is, dismissed with no order as to costs.