This is a plaintiffs second appeal against the judgments and decrees of the courts below dismissing the plaintiffs suit on a preliminary ground, namely, that the present suit was barred by 0.9 r. 9 of the Civil P. C.

2. The present suit was brought by the plaintiff on 17-10-C2 in respect of the lands in dispute which comprise survey Nos. 02,34, 184, 226, 354, 362 528, 657, 434, 266, 270 min. 785,770 and 785 min situate in village Khulhand Tehsil Doda on the ground that the plaintiff was the owner of these lands and the defendants had by playing fraud and taking advantage of the absence of the plaintiff got some wrong mutations made and forcibly dispossessed the plaintiff in Kharif 2011. The defendants being trespassers, the plaintiff prayed for a decree for possession by ejecting them from the lands in dispute. It appears that a suit on almost similar allegations was brought by the plaintiff on 1st Phagon 2011 wherein the plaintiff has alleged that in his absence the defendants got some false mutations made in collusion with the Patwari and entered into unlawful possession of the land in Har 2010 and being trespassers they were entitled to be ejected by the court. The previous suit

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