IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4155 OF 2008 M/s.New India Estate ..Petitioner. V/s. M/s Selia & Co. & ors. ..Respondents. Mr.Shivraj Patil i/b. Sandesh D.Patil for Respondents. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JULY 23, 2008. DATE : JULY 23, 2008. DATE : JULY 23, 2008. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. The argument of the Petitioner that the subsequent suit is barred by res judicata does not commend to me. It is well established position that if the plaint is rejected in terms of provisions under Order 7 Rule 11, that does not preclude the party to institute fresh suit, if cause of action survives. The fact that in the subsequent suit, the Plaintiff has come out with the case that although the partnership firm was duly registered, that fact was not mentioned in the earlier suit due to inadvertence will not preclude the Plaintiff to institute the subsequent suit on the same cause of action. There is no question of res judicata operating in the fact situation of the present case. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)