SOUMEN SEN,J. - (1.) In a suit for partition, the defendants have filed an application for rejection of the plaint on the ground that the plaint does not disclose a cause of action and is barred by law.
(2.) Mr. Ahin Chowdhury, learned senior counsel appearing on behalf of the applicants submits that a bare reading of the plaint would not show that the plaintiff does not have a cause of action against the defendants inasmuch as having regard to the decrees passed earlier in the suits filed by the parties, the present suit is barred by res judicata.
(3.) In order to appreciate the said argument, it is necessary to refer to some of the facts stated in the plaint.;