JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. The petitioners in this application are defendants no. 1, 2 and 3 in Title Suit No. 561 of 2017 pending before Learned Civil Judge (Senior Division) 2nd Court at Barasat and is aggrieved by the order dated 29-04-2022 passed by the Learned Court in rejecting the application of the petitioners which prayed for rejection of the plaint on the ground of res-judicata.

2. The case of the petitioners/defendants nos. 1 to 3 may be summed up thus.

3. The defendants no. 1 to 3 in the Learned Court below filed petition for dismissal of suit on the ground of maintainability stating inter-alia as follows:

(1) The defendant no. 1 to 3 in their written statement have categorically stated that their father Bholanath Mondal during his lifetime executed two registered deed of settlement in favour of his sons, the plaintiff herein and the defendant no. 6. Jitendra Nath Mondal @ Jatin Mondal jointly filed a suit being deed no. 3309 and 3310 and the said Title Suit - 116/2002 was finally disposed of by the Ld. Court of 2nd Civil Judge (Senior Division) at Barasat and in the said suit the present defendants were also the defendants.

(2) In the said suit the defendant Dwije