Sanjay K. Agrawal, J.

The short question for consideration in these revisions is whether second suit for declaration of title and permanent injunction is barred under Order 9, Rule 9 of the CPC where an earlier suit for partition was dismissed in default under Order 9, Rule 8 of the CPC.

2. Original plaintiff-Isbati [mother of non-applicant No.1 (a) & (b) herein] filed a suit for declaration of title and permanent injunction restraining the defendant-Hiralal (father of applicants herein) from interfering with her peaceful possession. The said suit was filed against defendant-Hiralal, who also died during pendency of the suit and his legal heirs were brought on record (applicant herein). The original plaintiff claimed that she is title holder of the suit land and it was encroached by defendant Hiralal, therefore, he be restrained from interfering with possession by way of permanent injunction. Upon summons being served, the applicants herein/defendant therein filed an application under Order 7, Rule 11 Code of Civil Procedure (hereinafter referred to as "CPC") that the plaintiff-Smt.Isbati had previously instituted a suit for declaration of her ?rd share in suit property agains