High Court of Judicature at Allahabad
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Umendra Singh & Another v. Punjab National Bank & Others - CIVIL REVISION No. 332 of 2006  RD-AH 14911 (30 August 2006)
HON'BLE UMESHWAR PANDEY, J.
Heard the learned counsel for the revisionists.
Applicants' petition for impleadment of Vimco Ltd., third party in the suit, had been rejected by the impugned order by the court below.
As submitted by the learned counsel, a plea to this effect was taken in the written statement by the applicants-defendants and on that basis issue was framed regarding non-joinder of Vimco Ltd. That issue was decided in the negative. This fact itself makes it more than evident that once such an issue is decided, the same thing again cannot be re-agitated before the same court. The findings recorded on the issue by the court operates as res judicata between the parties and, therefore, to again rake the same issue under Order I Rule 10 C.P.C. is not legally possible for either of the parties. The application, thus, so moved by the applicants under Order I Rule 10 C.P.C., being wholly misconceived and not maintainable, has been rightly rejected by the court below.
The present revision does not appear to have any force and it is accordingly dismissed.
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