IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 3 OF FEBRUARY, 2026 CIVIL REVISION No. 1365 of 2025 RAJUL PATEL AND OTHERS Versus SMT. ANJANI BAI AND OTHERS Appearance:

Shri Pranay Choubey - Advocate for the petitioners.

Shri Ajay Kumar Pal-Advocate for the respondents No. 4 to 8 Shri Santosh Kumar Jaiswal- Advocate for the respondents No. 1 to 3.

Shri Manoj Jha- Panel Lawyer for the respondent No. 9-State.

ORDER By way of this petition, the petitioners have put to challenge the order dated 10-12-2025 whereby the trial court has rejected the application for rejection of plaint under Order VII Rule 11 CPC.

2. The application was filed on two grounds. Firstly that the suit is patently barred by Res-judicata in asmuch as earlier the present plaintiffs had filed a suit which was dismissed under Order 9 rule 8 CPC and thereafter even application for restoration under Order 9 Rule 9 CPC had been dismissed but despite that, for the same relief the subsequent suit has been filed.

3. The second objection taken was that the suit is patently barred by limitation because the will in question has been executed in the year 2012 and as per plaint assertion