ORDER

The appellant has filed this petition challenging the judgment, dated 05.09.2023, passed by District Judge Chanderi, District Ashoknagar (M.P.) in Regular Civil Appeal No.23-A of 2022 whereby learned Appellate Court has set aside the order passed by the learned Trial Court and has remanded the matter for adjudication of suit on merits. Prior thereto, the Trial Court vide judgment dated 20.09.2022 had allowed the application under Order 7 Rule 11 CPC filed by appellant and rejected the plaint filed by the respondent no.1 being barred by Order 23 Rule 1 CPC.

[2]. Since, the status of parties to this appeal is different in two suits being discussed in this order, in order to avoid confusion, they are referred with their names in this order as Ghasiram (defendant of this suit and plaintiff in earlier suit) and Smt. Mula Bai (plaintiff of this suit and plaintiff in earlier suit).

[3]. The facts which are not in dispute between the parties is that the land bearing Survey No.145 ad-measuring 1.986 hectare situated at Kasba Chanderi, District Ashoknagar (M.P.) was owned by one Amra Sahu. Ghasiram has filed a separate suit (C.S. No.4-A/2016) claiming declaration of his title over the sa