Code of Civil Procedure, 1908–Order 7, Rule 11–Application for rejection of plaint–Allowed by trial Court–Order was set aside by appellate Court–High Court reversed the order of appellate Court–Suit for specific performance of sale agreement–Plea of res-judicata was taken in application under Order
7, Rule 11–Allegation in plaint that the decree in earlier suit was passed by fraud and collusion–View of High Court that plea of res judicata was obvious from the plaint–Not proper, as the findings were recorded on the basis of plea taken in written statement–There should have been a trial with regard to all the issues framed–Impugned order of High Court deserves to be set aside.
