In the High Court of Punjab & Haryana at Chandigarh Civil Revision No. 2983 of 2009 (O&M) Mange Ram ..... Petitioner vs Ranbir and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Harkesh Manuja, Advocate, for the petitioner. Rajesh Bindal J. Challenge in the present petition is to the order dated 31.3.2009 passed by the learned court below whereby the application filed by the petitioner- defendant under Order VII Rule 11 CPC for rejection of plaint was dismissed. Learned counsel for the petitioner submitted that in an earlier litigation between the parties issue sought to be raised in the fresh suit filed by the respondents had already been gone into and in terms thereof, the fresh suit by them was barred in law. After hearing learned counsel for the petitioner, I do not find any merit in the present petition. Even if, according to the petitioner, same issue between the parties has already been gone into by a court in an earlier litigation and subsequently a fresh suit is filed raising the same issue, the court has to record a finding on that and then only the claim made by the parties in the subsequent suit can be decided. Simpliciter in an application under Order VII Rule 11 CPC, it cannot be opined that the subsequent suit is barred by law. Dismissed. 10.12.2009 ( Rajesh Bindal) vs Judge