Sujit Narayan Prasad, J. - (1.) This writ petition under Article 227 of the Constitution of India wherein order dated 12.03.2018 passed in T.S. No.91/2010 has been assailed, whereby and whereunder application filed under Order VII Rule 11 of the Code of Civil Procedure has been rejected.
(2.) The case of the petitioner is that the present suit is having no cause of action for the reason that the plaintiffs have already filed a suit way back in 1979 being T.S. No.7/79 in which they have lost, against which, the appeal has been filed even in appeal they lost and in the second appeal, the order passed by the original court in T.S. No.7/79 has also been affirmed, therefore, the institution of proceeding by way of the suit which is obligatory in nature regarding title of the suit property in question, is sheer wastage of Court's time and, as such, the application under Order VII Rule 11 has been filed, which ought to have been taken into consideration by the trial court by rejecting the plaint.
(3.) Having heard learned counsel for the petitioner and gone across the pleading made in the writ petition, as also the impugned order whereby and whereunder it is evident that a suit has been filed for declaration of right and title over the suit property filed by the plaintiff, in which, the petitioner/defendant has filed an application and after their appearance and filing of the written statement under the provision of Order-VII Rule-11 for rejection of the plaint on the ground that the said suit property is subject matter of a suit i.e. T.S. No.7/79 which has been affirmed by first and second Appellate Court and, therefore having no cause of action the court rejected it, and the present writ petition has been filed by invoking the jurisdiction conferred to this Court, under Article 227 of the Constitution of India.;