Hon'ble Judges/Coram:
S.S.M. Quadri and Dr. Arijit Pasayat

ORDER

1. Leave is granted.

2. These appeals arise from the common order of the High Court of Madhya Pradesh [Indore Bench] in civil Revision Petition Nos. 256 of 2002 and 257 of 2002 dated 7th May, 2002.

3. These cases have a chequered history but in the view we have taken, we do not consider it necessary to refer to the facts in any detail. Suffice it to say that Respondent No. 7 in the appeal arising out of S.L.P. (C) No. 13234 of 2002 and the sole respondent in the appeal arising out of S.L.P. (C) 14577 of 2002 filed suits in February, 2002, cut of which these appeals arise. The eight defendant in the suits is the appellant in these two appeals. The said respondents-plaintiffs in the suits claimed, inter alia, the following relief:

"(2). That it be declared that the Judgment and Decree passed by the III Joint civil Judge, Senior Division, Nagpur in Special civil Suit No. 147 of 1967, Judgment and Decree passedby IV Additional District Judge, Nagpur in regular civil Appeal No. 16 of 1987, and approving the same in the Judgment and Decree passed by the Hon'ble Bombay High Court, Bench at Nagpur in Second Appeal No. 132 of 1992, and while maintaining this Judgment and Decree, Judgment and order passed by the Hon'ble Supreme Court in Special Leave petition (Civil) No. 25004/96 and in Review Petition No. 1075/97 and order passed in various Revenue case No. 8/1996-97, are illegal, not inexistence, null and void and are not within the jurisdiction and therefore are not binding on the plaintiff."

4. The appellant filed an application under Order VII Rule 11 of the Code of civil Procedure, 1908 (for short, 'the C.P.C.') in the suits praying the court to dismiss the suits on the ground stated therein. Before us, it is stated that the plaint is liable to be rejected under Clauses (a) and (d) of Rule 11 of Order VII C.P.C. While so, the said respondents also filed the application under Order VIII Rule 10 C.P.C. to pronounce judgment in the suits as the appellant did not file his written statement. There was also an application by the appellant under Section 151 C.P.C. praying the court to decide first the application under Order VII Rule 11 C.P.C. By order dated 8th December, 2001, the learned Trial Judge dismissed the application under Order VIII Rule 10 as well as the application filed under Section 151 C.P.C. Insofar as theapplication under Order VII Rule 11 C.P.C. is concerned, the learned Judge directed the appellant to file his written statement. Aggrieved thereby, the appellant filed afore-mentioned revision petitions before the High Court of Madhya Pradesh [Indore Bench]. On May 7, 2002, the HighCourt, while confirming the order of the learned Trial Judge reiterated the direction given by the learned Trial Judge that the appellant should file his written statement and observed that the trial court shall frame issues of law and facts arising out of pleadings and that the trial court should record its finding on the preliminary issue in accordance with law before proceeding to try the suit on facts. It is against this order of the High Court that the present appeals have been preferred.

5. Mr. T.R. Andhyarujina, learned senior counsel appearing for the appellant in the appeal arising out of S.L.C. (C) ........