IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1827 of 2007 Kameshwar Prasad & Ors Versus Gopal Jee Prasad & Ors ---------------------------------- 5. 08.12.2011 Heard learned counsel appearing on behalf of the petitioner. By the impugned order the Court below has rejected the prayer of the petitioner for dismissing the suit as not maintainable. It appears that the petitioner has filed a petition asserting that the suit is not maintainable as the issues arising in the suit have already been decided between the parties in the earlier Title Suit No. 08 of 1978. In the impugned order the Court below has found that the previous Title suit No. 08 of 1978 was for eviction and payment of arrears of rent and the present suit is for partition after declaring the sale deed as sham document and on this account it has been held that the prayer of the petitioner-defendant has got no merit and accordingly the petition filed by him has been dismissed. Learned counsel on behalf of the petitioner has vehemently submitted that the issues involved in the present suit have already been determined in the previous suit between the parties but the learned Court below has 2 misconstrued the reliefs prayed in the previous suit. It has been further submitted that proceeding further with this suit will cause unnecessary harassment to the parties. After hearing the submissions of the learned counsel on behalf of the petitioner and perusing the impugned order it appears that the learned Court below has passed the impugned order holding that the previous suit was only a suit for eviction and payment of arrears of rent. There is no illegality or jurisdictional error in the impugned order. The revision application is accordingly dismissed. However, the petitioner will be at liberty to raise the issue of res judiciata and get the issue framed in that regard which shall be decided by the Court below at the time of hearing in accordance with law after considering the evidence led by the parties and without being prejudiced by the impugned order. Saif/- (V. Nath, J.)