// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.6546/2008 Rajaram S/o Shri Sita Ram Versus Civil Judge (J.D.) cum Judicial Magistrate, Sambhar Lake and Another Date of Order ::: 21.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Dr. Y.C. Sharma, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The defendant-petitioner has preferred this writ petition challenging the order dated 29th January, 2008 passed by the trial court rejecting his application under Section 11 of the CPC. The contention of the learned counsel for the petitioner is that earlier the suit for permanent injunction was filed by Balchand and now subsequent suit has been filed by Srikishan through Balchand, therefore, the present suit is barred by principle of res-judicata and the learned trial court committed an illegality in rejecting his application. I have considered the submissions of the // 2 // learned counsel for the petitioner in the light of reasons assigned by the trial court in dismissing the application. The trial court observed that both the parties in both the litigations are separate. The defendant may file his written-statement raising all these objections. The trial court has already safeguarded the interest of the defendant- petitioner. The reasons assigned by the learned trial court appears to be perfectly justified in the facts and circumstances of the present case, which do not call for any interference by this Court. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//