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21. The petitioner's counsel had sought for rejection of the plaint on the following grounds:-

(i). The revision petitioner's husband had purchased the property in Court auction and the revision challenging the same was dismissed as withdrawn.
(ii). The present suit filed is an abuse of process of law for having suppressed the earlier suits.
(iii). The present suit is a relitigation which cannot be allowed.

22. The learned Senior Counsel for the petitioner contended that it is a re-litigation which cannot be permitted in Law for which reliance was placed on K.K.MODI Vs. K.N.MODI AND OTHERS reported in {1998 (3) SCC ? 573}, wherein in paragraph Nos. 42 and 44, it has been held as follows:-

44. One of the examples cited as an abuse of process of the Court is relitigation. It is an abuse of the process of the Court and contrary to justice and public policy for a party to relitigate the same issue which has already been tried and decided earlier against him. The reagitation may nor may not be barred as res judiata. But if the same issue is sought to be reagitated, it also amounts to an abuse of the process of the Court. A proceeding being filed for a collateral purpose, or a spurious claim being made in litigation may also in a given set of facts amount to an abuse of the process of the Court. Frivolous or vexatious proceedings may also amount to an abuse of the process of the Court especially where the proceedings are absolutely groundless. The Court then has the power to stop such proceedings summarily and prevent the time of the public and the Court from being wasted.