IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN MISC. PETITION No. 2361 of 2024 M/S SIDDI VINAYAK BUILDERS AND DEVELOPERS THROUGH ITS DIRECTOR VIKAS JAIN Versus M/S JAI VINAYAK INFA CORPORATION PVT. LTD. THROUGH ITS DIRECTOR SHRI DEVENDRA GURJAR AND OTHERS Appearance:

Shri Naveen Vaswani - Advocate (through VC) with ShriRuchir Jain -

Advocate for the petitioner.

Shri Harsh Gupta - Advocate for respondent No.1.

ORDER (Reserved on:- 22.01.2026)

(Pronounced on:- 17.02.2026)

The present petition under Article 227 of the Constitution of India has been filed arising out of the order dated 16.04.2024 passed by the trial Court, whereby the trial Court has rejected an application of the petitioner under Order 14 Rule 2 CPC to the extent of issue No.3 framed by the trial Court, which relates to the question that whether the suit is barred by the principle of res-

judicata enshrined under Section 11 of the Code of Civil Procedure.

2. The present petitioner/defendant No.8 is before this Court being aggrieved by the rejection of application under Order 14 Rule 2 CPC by the trial Court, whereby the trial Court has refused to decide the said issue as a preliminary i