ORDER 1. Heard on the question of admission. 2. By this revision petition under section 115 of CPC, the defendant in the suit has challenged the order of the trial Court dated 4.10.2019 whereby the petitioners' application under Order 7 rule 11 of the CPC for rejection of the plaint has been dismissed. 3. Learned counsel appearing for the petitioners submits that trial Court has committed an error in rejecting the petitioners' application without appreciating that earlier suit was filed, therefore, the fresh suit suffers from the bar of res judicata. 4. Having heard the learned counsel for the petitioners and on perusal of the record it is noticed that in the fresh suit, the respondent plaintiff has raised a plea that the decree which was obtained in the earlier suit was void ab nitio. So far as the issue of res judicata is concerned, it is now settled by the Supreme Court in the matter of Vaish Aggarwal Panchayat v. Inder Kumar, reported in AIR 2015 SC 3357 that the issue is a mix question of fact and law and it can be decided only on the basis of the evidence led by the parties. Same is the view taken in the matter of Smt.V.Rajeshwari v. T.C. Saravanabava, reported in (2004) 1 SCC 551 . On the basis of such an objection the plaint cannot be rejected. 5. Hence, the trial Court has not committed any error in dismissing the petitioners' application under Order 7 rule 11 of the CPC. The impugned order passed by the trial Court does not suffer from any jurisdictional error nor the trial Court has committed any illegality in the exercise of jurisdiction, therefore, no case for interference in the impugned order is made out. 6. The revision petition is accordingly dismissed.