The High Court of Madhya Pradesh Bench at Gwalior CR-412-2021 [Gajendra Singh & Anr. Vs. Dara Singh & Ors.]

Gwalior, Dated:07/01/ 2022 Shri Upendra Yadav, learned counsel for the petitioners.

Shri Bhagwan Das Mahor, learned counsel for the respondents No. 1 to 04.

1. This revision petition has been filed against the order dated 26.07.2021 passed by 3^rd Civil Judge Class-II, Ashoknagar (M.P.) in Civil Suit No.R.C.S.A 99/2019, whereby the application filed by petitioners (defendants) under Order 7 Rule 11 CPC seeking dismissal of the suit on basis of res judiciata has been dismissed

2. Brief facts are that the respondents No.01 & 2 herein have filed a civil suit for declaration and injunction against the petitioner- defendant Gajendra Singh and their mother Bhagwati Devi. Interestingly, the sisters of the plaintiffs have been impleaded as proforma defendants. The plaintiffs have sought relief not only for them but also in favour of their mother i.e. defendant in the suit and the sisters who have been impleaded as proforma respondents. The contesting defendant- petitioner herein has filed an application under Order 7 Rule 11 CPC seeking dismissal of the suit with the assertion that earlie