Code of Civil Procedure, 1908–Order 7, Rule 11 & Sec. 11–Rejection of application–Appreciation of–Issues raised in application as regard to earlier suit between the parties–Order passed on the application under Order 9, Rule 13 and pendency of appeal against the judgment passed in original suit were rightly hold the mixed questions of law and facts–Issue as regard to res judicata was rightly hold to be decided after framing the issue and recording the evidence of parties–Held, application was rightly dismissed.
