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SANJAY DWIVEDI
Sugra Beguam – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Pleadings are complete. With the consent of learned counsel for the parties, the matter is finally heard.
2. This civil revision is filed under section 115 r/w section 151 of the Code of Civil Procedure challenging the order dated 15.7.2024 (Annexure-P/11) passed in a pending civil suit i.e. RCSA No.147/2023 (State of Madhya Pradesh v. Sugra Begum and others) whereby an application filed by the applicants under section 11 of CPC has been rejected by the trial Court.
3. By the impugned order, the trial Court has rejected the application filed under section 11 of CPC raising a ground that suit is barred by res judicata because issue raised in civil suit has already been settled up to the Supreme Court, therefore, for the same issue and even for the same relief, second suit is barred and, therefore, it is not maintainable. However, the trial Court has rejected the application by the impugned order holding therein that it is not possible to ascertain that the suit is barred by res judicata and observed that it can be decided only after framing the issue and recording the evidence of the parties.
4. Learned counsel for the applicants has submitted that the trial Court has not prope
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