THE HON'BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION NO.429 OF 2011 ORDER: The petitioners-defendants 14, 19 to 23 filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order dated 25.01.2011 passed in I.A.No.25 of 2011 in O.S.No.335 of 2004 on the file of the XI Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, in dismissing the petition filed under Order VII Rule 11 of the Code of Civil Procedure, 1908, to reject the plaint. The main ground urged on behalf of the petitioners is to the effect that having regard to the dismissal of the earlier suit i.e. O.S.No.37 of 1969 on the file of the Additional Chief Judge, City Civil Court, Hyderabad, at Secunderabad, it would constitute res judicata and hence, the present suit is not maintainable. The petitioners have come on record very lately and immediately, the present application has been filed. The Court below did not find favour with the request of the petitioners and dismissed the petition. Hence, the revision. Learned counsel for the petitioners submitted that in fact, no issue on the bar of res judicate has been framed and yet, the suit has been proceeded with. Having considered the submissions made and on perusal of the material available on record, it is seen that there is no dispute to the fact that the suit is filed as long back as in the year 2004 and the trial is completed. The matter is coming up for arguments and at this stage the present application is filed. In view of the same, it is felt desirable that the Court below shall frame the issue on the bar of res judicata and also take up the same at the time of arguments in the main suit since the plea is purely legal natured. The Court below shall dispose of the suit, as expeditiously as possible, in accordance with law, after giving notice and opportunity to both the sides. Subject to the above, the Civil Revision Petition is disposed of. No costs. _________________ (B.PRAKASH RAO, J) 11th February 2011 Note: CC by three days B/O RRB