1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4142 OF 2009. ( Chaturbhuj M. Verma and others -: versus :- Sau, Kalawati M. Verma and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : NOVEMBER 06, 2009. Heard Shri S.P.Palshikar, learned counsel for the petitioners and Mrs. S.S. Jachak, learned counsel for the respondent nos. 2 and 3 The application under Order VII Rule 11 of the Code of Civil Procedure was rejected by the Trial Court. Contention of petitioner before this Court is that because of earlier suit and decree therein, the second suit was not maintainable. Mrs. Jachak, learned Counsel for respondents has pointed out that the plaint as filed does not speak of earlier litigation at all. It is therefore, obvious that the application under Order VII Rule 11 was misconceived. The impugned order therefore, does not call for any interference by this Court. Liberty to petitioner to move appropriate application before the trial Court. Writ Petition is disposed of accordingly. No costs. JUDGE Rgd.