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

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ON THE 13 OF FEBRUARY, 2026 CIVIL REVISION No. 799 of 2024 HIMANSHU YADAV AND OTHERS Versus RAJ KUMAR JAIN AND OTHERS Appearance:

Shri D.K. Dixit - Senior Advocate with Shri Shailesh Kumar Jain -

Advocate for the petitioner.

Shri Avinash Zargar - Advocate for the respondent No.1.

Shri Krishna Kumar Pandey- Advocate for the respondent No.2 Ms. Sulekha Sharma - P.L. for the respondents / State.

ORDER The present revision has been filed challenging the order dated 23.07.2024 passed by the trial Court, whereby the trial court has rejected the applications under Order 7 Rule 11 and Section 11 CPC. The application under Section 11 CPC was filed alleging that the suit is barred by the res judicata and the application for rejection of plaint under Order 7 Rule 11 CPC was also filed on the same assertion that the suit is barred by law of res judicata in as much as there has been previous suit between the same parties and therefore the subsequent suit is not maintainable.

2. The learned senior counsel for the petitioner has vehemently argued that the relief sought in the fresh suit is in respect of declaration