A. Code of Civil Procedure, 1908 (V of 1908), Order 2 Rule 2, Order 7 Rule 11 – Rejection of plaint – Res-judicata -- Suit being barred under Order 2 Rule 2 CPC or by res judicata, the trial Court rightly held that the same was a matter of evidence and the plaint could not have been rejected on the said ground.

(Para 10)

B. Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11 – Court Fees Act, 1870 (7 of 1870), Section 7 -- Rejection of plaint – Ad-valorem court fee -- Petitioner was not an executant of the sale deed -- Once the plaintiff was not an executant of the sale deed and further the relief of possession had not been sought, there was no question of ordering the petitioner-plaintiff to affix the ad valorem court fee.

(Para 10)