( 1 ) THIS revision is directed against the order dt. 12-2-99 passed in Guardian and Wards Case No. 2/98 by Ist ADJ Jabalpur.

( 2 ) AN application under Sections 7 and 10 of Guardians and Wards Act was filed by the petitioner-mother for the custody of her minor daughter Ku. Huda, now aged about 4 years. The application was opposed on the ground that earlier by order dt/- 31-3-97 in Guardians and Wards Case No. 36/96, the matter of custody of the minor daughter stands already decided and concluded. Therefore, the earlier order would operate as res judicata and the matter cannot be reagitated before the trial Court. The submission as above found favour with the trial Court and by the impugned order, the petition filed by the petitioner-wife under Sections 7 and 10 of the Guardians and Wards Act (hereinafter referred to as 'act' for short), was dismissed, as not maintainable.

( 3 ) THE learned counsel for the petitioner has urged firstly that the earlier order dated 31-3-97 in Guardian and Wards Case No. 36/96 was passed on the basis of compromise and was not on merits, and would not therefore constitute res-judicata, as has been laid down in Pulavarthi Venkata Subba