NATHIBAI Vs. SHAMBUDAYAL

JUDGEMENT

(1.) Heard finally with consent.

(2.) By this appeal under Section 96 of the CPC the plaintiffs have challenged the order of the Trial Court dated 4.11.2016; whereby, the application of the respondents under Order 7 Rule 11 of the CPC, has been allowed and the plaint in the Civil Suit No.09- A/2011, has been rejected.

(3.) The appellants had filed the suit for declaration and permanent injunction and in that suit the respondents/defendants had filed an application under Section 11 of the CPC and also the application under Order 7 Rule 11 of the CPC for rejection of the plaint on the ground of res judicata and the trial Court by the impugned order while allowing the applications, has rejected the plaint.