1. - The present revision petition filed under Section 115 of CPC is directed against the order dated 15.3.11 passed by the Civil Judge (JD) North, Kota (hereinafter referred to as 'the trial court') in Civil Suit No. 366/01, whereby the trial court has dismissed the application of the petitioners-defendants seeking rejection of the plaint under Order 7, Rule 11 (d) of CPC.

2. In the instant case it appears that the respondents had earlier filed one suit for eviction against the petitioners-defendants on the ground of default in the payment of rent and on other grounds, in which some of the issues were decided in favour of the petitioners and other in favour of the respondents and the trial court had dismissed the suit of the respondents-plaintiffs by giving the benefit of first default to the petitioners. Being aggrieved by the said decree the respondents-plaintiffs had preferred an appeal before the appellate court and the appellate court affirmed the findings recorded by the trial court on all the issues except the issue No.8 and held that the suit was not maintainable, while dismissing the appeal vide the order dated 24.8.05. Hence, both the parties preferred the separa