A landlord has filed a suit against a wrong person for rent and ejectment cause of action of arrear in rent from 1/1/07 to 31/12/2008 actual tenant made objection and lead evidence the court after considering genuiness allowed the objection and direct the plaintiff to array the actual tenant and plaintiff added deft.2. in the plaint the deft/tenant filed his detailed W.S and next date was fixed for evidence after taking adjournemnt the plaintiff not appeared and the suit was dismissed in non appearance of plff..The landlord instead of filing restoration application brought fresh suit against the actual tenant on same cause of action runs from 1/1/2007 objections in fresh suit is'when previous suit is dissmissed underOr 9 rule 8 CPC and fresh suit is barred by Or9 Rule9 CPC I am from the side of defendant my application is under Or7 Rule 11 CPC please help me for citations in this regard.Thanx
Dear Friend
I think in addition to above, Sec 11 of CPC i.e. principle of Res-judicata will also help u to reject the plaint on the face of it.
Regards
