Honble, DIXIT, M.— This is a second appeal against the order of the learned Revenue Appellate Authority in which Appeal No. 90/99 which was passed in the appeal titled Shail Bhargava vs. Brijrani in a matter of rejecting a civil suit 181/93 as barred by law. The matter came up for admission. With the consent of both the parties, the matter is being heard finally and a decision on merits is being given.

2. The brief facts of the case are that the late husband of the appellant, Prem Mohan Bhargava had instituted a suit 181/93 under Sections 88 and 188 of the Rajasthan Tenancy Act which was held as barred on account of the fact that the same Prem Mohan Bhargava had instituted a previous suit 71/81 under Sections 88 and 183 against the defendants who are broadly the same as in the 1993 suit and in respect of the same land and a cause of action which is the subject matter of adjudication here and the suit 71/81 was dismissed under Order 9 Rule 8 of the CPC in default and the order remained final. A subsequent suit 181/93, the Courts have seemingly held (1) to have been barred on account of the operation of Order 9 Rule 9 of the C.P.C.

3. The exclamation mark has been put by this Court bec

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