Page No.# 1/2 GAHC010073302022 2025:GAU-AS:1553 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/114/2022 CHIDANANDA TALUKDAR S/O- LATE ROBI CHARAN TALUKDAR, R/O- HOUSE NO.- 170, SAURAV NAGAR, BELTOLA, P.S.- BASISTHA, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM, PIN- 781028. VERSUS RITA DAS TALUKDAR W/O- SRI BONGSHIDHAR TALUKDAR, RESIDENT OF VILLAGE- MAIDAMGAON, SAURAV NAGAR, HOUSE NO. 170, BELTOLA, GUWAHATI, P.S. BASISTHA, DIST- KAMRUP(M), PIN- 781028, ASSAM. For the petitioner (s) : Mr. S. Chamaria, Advocate For the respondent (s) : XXXX BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 14.02.2025 Heard Mr. S. Chamaria, the learned counsel appearing on behalf of the petitioner. Page No.# 2/2 2. The instant application has been filed invoking the revisional jurisdiction of this Court under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) challenging the order dated 01.02.2021 passed by the learned Munsiff No.1, Kamrup (M), Guwahati in Misc.(J) Case No.364/2019 arising out of the Title Suit No.180/2015 whereby the application seeking rejection of the plaint was dismissed. 3. The question which arises before this Court is as to whether the learned Trial Court was justified in doing so. It is a well settled principle of law that the bar of res-judicata cannot be taken as a ground while adjudicating an application under Order VII, Rule 11 of the Code. In that regard, reference may be made to the judgment of the Supreme Court in the case of Keshav Sood vs. Kirti Pradeep Sood & Others in Civil Appeal No.5841/2023 order dated 12.09.2023. 4. Taking into account the above, this Court does not find any merit in the instant petition for which the petition stands dismissed. JUDGE Comparing Assistant