Sanjay K. Agrawal, J.

This second appeal has been admitted and following substantial questions of law were formulated for determination of the appeal, which are as under:-

(i) Whether the Courts below have committed an error of law in rejecting the plaint under Order 7, Rule 11 (d) of the C.P.C. applying the rule of res-judicata as it could have been decided without filing the written statement, issues and claim?

(ii) Whether the Courts below have committed an error of law in deciding the fact that Khasra No.1715/1, area 1350 square feet is the same land as decided in earlier suit No.215-A/1999, dated 24.02.2001, relating to the Khasra No.1928/1, area 30X30 square feet without trying the suit on merit?

[For the sake of convenience, the parties will be referred as their status shown in cause title of the plaint]

(i) The appellant/plaintiff filed a civil suit for recovery of possession and perpetual injunction against the defendant herein stating inter-alia that she is owner and title holder of the suit land bearing Khasra No.1715/1, area 1350 square feet and she is entitled for the reliefs claimed in the plaint.

(ii) In the said civil suit, the respondent/defendant appeared and