KESHAV SOOD Vs. KIRTI PRADEEP SOOD

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel appearing for the appellant.

(3.) The appellant is the original defendant. He applied in the suit filed by the respondents for rejection of the plaint under Rule 11 of Order VII of the Code of Civil Procedure, 1908 (For short, "CPC"). Written statement was filed by the appellant raising a contention of bar of res judicata. In the application filed by the appellant under Rule 11 of Order VII of CPC, reliance was placed on several documents/orders of various Courts. The learned Single Judge rejected the plaint under Order VII Rule 11 of the CPC. In the appeal preferred by the respondents/plaintiffs, a Division bench of the High Court has interfered on merits by holding that the finding on the plea of res judicata recorded by the learned Single Judge was not correct.