1. An interesting question arises for consideration in this application. The question is “ whether a plaint can be rejected under Order 7 Rule 11 (d) of the Code of Civil Procedure, 1908 on the plea taken by the defendants that the present suit is barred under Order 2 Rule 2 of the said Code “

.2. It is alleged by the defendant Nos. 1 to 6 (applicants) that the plaintiff No.1 had earlier instituted a civil suit for permanent injunction being Suit No.10/2004 titled as “Shri Suresh Kakkar v. Shri Mahender Nath Kakkar and Others”. In that suit, which is pending before the Civil Judge, Karkardooma Courts, Delhi, the plaintiff No.1 has sought a perpetual injunction against some of the defendants herein from selling or alienating the suit property. It is alleged by the defendant Nos. 1 to 6 that all the material and substantial allegations made in the present plaint and in the plaint of Suit No.10/2004 are identical. It is also submitted that the alleged causes of action in the present suit and in the previous civil suit are, substantially, one and the same. The said defendants also submit that in the earlier suit, the plaintiffs did not claim the relief of partitio