- (1.) Heard Sri S.A. Imam, learned counsel for appellant and Sri Kaushlendra Nath Singh, learned counsel for respondent no.3.
(2.) This is appellant's appeal under Section 96 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC') arising out of order dated 4.8.2009 deciding issue no. 4 relating to res-judicata against plaintiff & final Judgment and decree dated 26.3.2011 & 28.3.2011 passed by II Additional Civil Judge (Senior Division), Court No. 2, Ghaziabad. Answering issue no. 4, Court has held that Original Suit No. 400 of 2007 is barred by principles of res judicata and, accordingly, same has been dismissed.
(3.) Facts giving rise to present appeal, in brief, are as under:-;