1. Aggrieved by the order dated 29.01.2009 passed by the learned XIII Assistant Judge, City Civil Court, Chennai in I.A. No. 21572 of 2008 in O.S. No. 7120 of 2008 wherein and by which the petition filed Order 7 Rule 11 C.P.C. seeking to reject the plaint, was dismissed, the Defendants 4 to 9 have preferred this Civil Revision Petition.

2. From the materials available on record, it is seen that the First Respondent as Plaintiff earlier filed a Suit in O.S. No. 1974 of 2001 for bare injunction and the same came upto this Court and finally ended in dismissal in C.M.A. No. 207 of 2001. The Revision Petitioners also filed a suit in O.S. No. 7077 of 2000 for declaration and permanent injunction in which the Respondent No. 1 figured as a defendant, was also finally decided by this Court in S.A. No. 761 of 2008 by judgment dated 14.7.2008.

3. The contention of the Defendants 4 to 9 before the trial Court in I.A. No. 21572 of 2008 was that in view of the earlier suit, the suit in O.S. No. 7120 of 2008 filed by the First Respondent is hit by res judicata and also hit by the provisions of Order 2 Rule 2 CPC and sought for rejection of the plaint under Order 7 Rule 11 CPC. Resisting th