IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.828 of 2008 SANJAY KUMAR @ SRI SANJAY KUMAR & ORS Versus SHIV NATH PRASAD ----------- 3 07.07.2008 Heard counsel for the petitioner. In view of the fact that the impugned order rejecting the prayer of the petitioner for holding the suit hit by res-judicata contains reasons showing that the issue involved in the earlier suit was not at all in respect to the right of access and/or easement pertaining to the Gali which is the subject matter of the subsequent suit, its conclusion to the effect that the suit is not barred by the principle of res-judicata under Section 11 of the Code of Civil Procedure cannot be held to be vitiated by any material irregularity and/or jurisdictional error. Consequently, there is no merit in this application and the same is accordingly dismissed. BCJ (Mihir Kumar Jha, J.)