JUDGMENT :

Heard learned counsel for the parties.

2. This Civil Miscellaneous Application has been filed under Article 227 of the Constitution of India for setting aside the order dated 28.11.2017 in Title Suit No. 19 of 2013 passed by learned Sub-Judge-3, Dalsingsarai whereby and whereunder the application dated 10.02.2014 under Section 11 of Code of Civil Procedure, 1908 filed by the petitioners has been disposed of observing that the issue raised shall be decided at the time of final decision in the suit.

3. Respondent Nos. 1 to 6 are plaintiffs who have filed Title Suit No. 19 of 2013 for declaration of title and possession of the plaintiffs over the suit land. On receiving summons in the suit, the petitioners appeared and filed written statement and thereafter filed a petition dated 10.02.2014 under Section 11 C.P.C. praying to dismiss the suit as barred by res judicata in view of the earlier judgment and decree dated 29.12.1989 in Title Suit No. 52 of 1981 passed by learned Munsif, Dalsingsarai whereby and whereunder the title of the petitioner was declared which was affirmed by the judgment and decree dated 31.07.1993 in Title Appeal No. 12 of 1990 and Second Appeal No. 644