IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1453 of 2006 RABINDRA PRASAD @ RABINDRA SINGH Versus ABDUL RAJIK & ANR ----------- 2. 20.11.2008 Heard counsel for the petitioner and the counsel for the opposite parties. In the opinion of this Court a plaint can be rejected only on going into the plaint itself. That will be the purport of Order 7 Rule 11 C.P.C. Counsel for the petitioner despite making frantic efforts could not demonstrate at least from the plaint that the issue of resjudicata could have been decided on the basis of averment made in the plaint. That being so, the court below has not committed any jurisdictional error in rejecting the prayer of the petitioner for rejection of the plaint. It will always be open for the petitioner to raise such question at the stage of hearing of the suit and the court after framing all the issues if it finds that such question of resjudicata can be gone into without leading evidence would decide as a preliminary issue within the purport scope of Order 14 Rule 2 C.P.C. 2 With the aforementioned observation, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/