Code of Civil Procedure, 1908–Order 7, Rule 11 & Order 9, Rule 9–Rajasthan Tenancy Act, 1955–Secs. 88, 183 & 188–Petitioner sought to reject the plaint with the prayer that the earlier suit for the same land was filed by erstwhile owner, and it was dismissed in default–Plaintiff is the bonafide purchaser of property, and she was not the party in the earlier suit–Further, whether the suit for eviction is maintainable or not, it can be decided only after framing the issues and considering the evidence of parties–Furthermore, the respondent-plaintiff was not having the knowledge of earlier suit–Held, application was rightly rejected.
