Code of Civil Procedure, 1908–Sec. 11 & Order 2, Rule 2–Preliminary issue as regards to applicability of Sec. 11 and Order 2, Rule 2–View of Court below that the suit is not barred by res judicata–Sustainability–Earlier, a suit for mandatory and permanent injunction was filed against the present petitioner-defendant and in that suit, it was held by the Trial Court that the plaintiff has not filed any document on record to prove that the property was inherited by him by virtue of partition–Issue of possession was also decided against him–Present plaintiff is the purchaser of property from the earlier plaintiff–He would be definitely bound with the findings of the earlier suit and he cannot be permitted to set up a total new case and to prove his ownership de hors the findings in earlier suit–Issue no. 3 is decided in favour of defendant–Consequently, the suit is dismissed.
