MAYUR TRAVELS Vs. MERCURY TRAVELS INDIA LIMITED

JUDGEMENT

(1.) This revision filed by the defendant/petitioners is directed against the order dated 31.5.1985 of the trial court over-ruling plea raised by the petitioner of the suit filed by the plaintiff being barred by resjudicata referrable to Section 11 of the CPC.

(2.) On a short point the revision deserves to be allowed. It is stated at the bar by the learned counsel for the petitioners that copies of the pleadings and issues in the earlier suit were not before the court and yet the plea has been adjudicated upon. In Isher Singh Vs. Sarwan Singh and others AIR 1965 SC 948 it has been held:-

(3.) In the absence of pleadings of the earlier suit being of record the plea of resjudicata cannot be said to have been justly and rightly adjudicated upon by the trial court.