IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1156 of 2008 MOST. HIRA MUNI DEVI & ORS Versus SHAYAMA PRASAD RAI & ORS ----------- 2 3.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, an application on behalf of defendant petitioner seeking dismissal of the suit on a preliminary issue, namely the suit being barred by the principles of res-judicata under Section 11 of the Code of Civil Procedure Code, having been not raised at the appropriate stage soon after framing of the issues and before the examination of witnesses by the plaintiff was rightly rejected by the court below under the impugned order. Such an application infact filed by the petitioner after examination of two witnesses of the plaintiffs had been already rejected as not pressed and therefore there was no scope of another application with the same prayer. The court below has thus rightly held that the issue of the suit being barred by the Res-judicata being one of the several issues would be gone into and decided along with other issues. In that view of the matter, this Court would not find any jurisdictional error in the impugned order holding that such issue of res-judicata would be gone into and decided at the time of the final disposal of the suit. Accordingly, this civil revision application being wholly misconceived is hereby dismissed. Rsh (Mihir Kumar Jha, J.)