JUDGMENT

Rajendra Chandra Singh Samant, J. - This petition has been brought praying for invoking power under Article 227 of the Constitution of India for quashing order dated 23.10.2019 (Annexure P/1) passed by Additional Principal Judge, Family Court, Bilaspur, District- Bilaspur (C.G.) in Civil Suit No. 285A/2019.

2. Learned counsel for the petitioner submits that earlier the respondent had filed a civil suit under Section 9 of the Hindu Marriage Act, 1955 (for short "the Act, 1955") which was registered as Civil Suit No. 258A/2017. During pendency of that case, matter was placed before National Lok Adalat on 08.12.2018 and as the respondent/ applicant did not want to press on the proceeding of that case, therefore, the case was disposed of by the order passed on the same date.

3. In the present case, the respondent has filed a repeat application under Section 9 of the the Act, 1955 on 01.05.2019 which is present Civil Suit No. 258A/2017. The petitioner moved an application under Order 7 Rule 11 read with Section 23 Rule 4 of the C.P.C. challenging the maintainability of the civil suit, on the ground that the same prayer in the previous application filed by the respondent, has bee