Defect in Suit--Misdescription of suit property is a fundamental defect
It renders the suit not maintainable -- Once such misdescription is established, the Court cannot proceed to examine the merits of the case -- First Appellate Court was right in holding that the observations made by the Trial Court regarding title and possession of either party shall not operate as res judicata in any future litigation between them-- Civil Procedure Code, 1908, O.7 R.3
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