THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI C.R.P.No. 1696 of 2009 ORAL ORDER: The Civil Revision Petition is filed against the orders of the learned VIII Addl. Senior Civil Judge, (FTC), City Civil Court, Hyderabad in I.A.No.129 of 2008 in O.S.No.3 of 2000, dated 10.2.2009. Brief facts of the revision are that: Respondent Nos.1 to 3 herein are the plaintiffs, who filed partition suit O.S.No.3 of 2000 before the lower Court against the petitioners herein, who are the defendant Nos.1 to 8 and also against the 4th respondent herein, who is the 9th defendant before the lower Court. During the pendency of the said suit, the petitioners-defendants No. 1 to 8 have filed the present application to reject the plaint with a plea that the plaint is barred by law. After hearing the parties, the learned trial Court has dismissed the said application. Challenging the said order of dismissal, the present civil revision petition has been preferred by the defeated defendant Nos. 1 to 8. Heard the learned counsel for the petitioners-defendants Nos. 1 to 8. Perused the order under revision and also the entire record placed before this Court. Initially, the plaintiffs have filed the suit against the defendants for partition. During the pendency of the suit and when the matter is coming up for evidence, the petitioners-defendants No.1 to 8 have filed the present application to reject the plaint. The trial court while dismissing the said petition has observed thus: “Since the application of principle underlying section 11 of Code of Civil Procedure, in a subsequent suit, basing on the averments made in the written statement is only done by investigating all facts with regard to the ingredients of section 11 and not basin on the averments in the plaint or the documents produced on behalf of the respondents that rejection of plaint by inferring the principle of resjudicata and this court has already framed issue pertains to the plea of resjudicata taken by the defendants i.e. petitioners in this suit and the same can be decided by this Court at the stage of final hearing. I find that the petitioner is not entitled to sought for the rejection of plaint basing on the principle of resjudicata when the matter is posted for their evidence. Hence, I find no merits in the petition and the petition is dismissed.” Since the suit is of the year 2000,the petition filed by the petitioners in the year 2008 is not maintainable and the same is liable to be dismissed. In the result, the Civil Revision Petition is dismissed. However, the suit shall be disposed of within a period of six months from the date of receipt of a copy of the order, if not already disposed of. _______________________ T. MEENA KUMARI, J 23.4.09 CHV