CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA CAV ORDER

16 02.12.2025 This civil revision application is filed against order dated 06.05.2019 passed in the Title Suit No. 10 of 2000, by the Learned Sub-Judge I, Dalsing Sarai, Samastipur whereby and where under the petition dated 10.11.2014 filed on behalf of defendant-petitioner under Order VII rule 11of the Code of Civil Procedure (hereinafter referred to as CPC) was rejected on the ground that the suit is barred by law and the principle of res-

judicata.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. Learned counsel on the behalf of petitioner submitted that the learned Trial Court committed illegality in refusing the application for rejection of plaint under Order VII Rule 11 of CPC, the impugned order is illegal, improper and against the mandatory provisions of law and is liable to set aside. The learned trial court failed to appreciate that the plaint is barred by principle of constructive res-judicata and the plaintiff case is vexatious, merit less and completely based on irrelevant statements and frivolous facts thus the plaint ought to have been rejected under Order VII Rul