The suit filed by your brother in the year 1995 seeking declaration of title was unnecessary.
You say that the suit filed in 1995 was dismissed in the year 2005 overriding the order of higher court, what was the decision that was overtaken by the munsif court? Why was this suit dismissed?
The lower court has invoked section 11 CPC rightly.
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Explanation I- The expression "former suit" shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto.
Explanation II.- For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal from the decision of such Court.
What is the contrary that you have observed to the section 1 of CPC in this regard?
You have to specifically ask the question giving the details while seeking solution for the problems you are facing.