JUDGMENT :

A.K. Sikri, J.

In a suit filed by respondent No.1, the appellant herein (defendant No.1 in the said suit) moved an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) claiming rejection of the plaint on the ground that the suit filed by respondent No.1 was barred by res judicata and also under Section 69 of the Indian Partnership Act, 1932. The Civil Judge dismissed the said application vide orders dated May 03, 2016 with the observations that without taking evidence it would not be proper to reject the plaint on the principles of res judicata as it was not permissible for the Court to look into the statements made in the written submissions while dealing with an application under Order VII Rule 11 CPC. Revision petition preferred by the appellant against the said order also stands dismissed by the High Court vide judgment dated December 12, 2016. Dissatisfied with the outcome, the appellant has approached this Court challenging the aforesaid orders of the courts below. The appellant pleads that the High Court as well as the trial court have failed to appreciate that the plaint in question did not disclose any cause of action and was