NOBLE ENTERPRISES Vs. RAJ PAL CHOPRA AND ORS.

JUDGEMENT

(1.) THE petitioner -defendant is in revision against the impugned order dated 05.09.2007 vide which the learned Trial Court, while allowing the plea filed by the respondents -plaintiffs under Order 9 Rule 9 of the Code of Civil Procedure, ordered the restoration of the suit. It was held that there were sufficient grounds for the restoration of the suit.

(2.) THE only grievance of the learned Counsel for the petitioner is that the plea under Order 9 Rule 9 of the Code of Civil Procedure could not have been validly entertained inasmuch as a similar plea had earlier been dismissed on merits.

(3.) IN the light thereof, it is apparent that the subsequently entertained plea was not incompetent.