IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 15 OF SEPTEMBER, 2025 CIVIL REVISION No. 694 of 2024 MUKESH DUBEY Versus ANUJ JAIN AND OTHERS Appearance:

Shri Rudra Pratap Singh Kaurav - Advocate for the applicant.

Shri Sunil Kumar Jain- Advocate for the respondents.

ORDER This civil revision under Section 115 of C.P.C. has been filed against order dated 09/05/2024 passed by Third Additional Judge to the Court of First Civil Judge, Junior Division, Guna in RCS A No.123/2023 by which an application filed by applicant under Order 7 Rule 11 of C.P.C. has been rejected.

It is submitted by counsel for applicant that the factum of institution and dismissal of previous suit has been suppressed by plaintiff which has been pointed out by defendant/applicant by filing his written statement and, therefore, the suit is barred by principle of res judicata.

The first question for consideration is as to whether, this Court while deciding the application filed under Order 7 Rule 11 of C.P.C. can look into any other document except plaint and the documents filed alongwith plaint?

The Supreme Court in the case of Shri Mukund Bhavan Trust and others Vs.