NARESH CHANDRA GAUTAM Vs. CHHOTE KHAN

JUDGEMENT

(1.) BY the present writ petition under Article 226 of the Constitution of India the Petitioner has challenged the order passed by the Additional Civil Judge/F.T.C, Kashipur, district Udham Singh Nagar dated 14.11.2002 by which the Petitioner has prayed that issue No. 5 may be decided as a preliminary issue. The learned Additional Civil Judge has rejected the application and has safeguarded the interest of the Petitioner that issue No. 5 shall be decided alongwith other issues. The present petition has been filed against the aforesaid order.

(2.) HEARD Sri Nand Prasad Advocate for the Petitioner as well as Sri Dharamvir Advocate for the Respondent at great length.

(3.) AFTER filing the written statement by the Petitioner an issue was framed being issue No. 5 to the effect that the suit is barred by the principles of res -judicata. The court below has passed the order that the issue shall be decided alongwith other issues in the suit itself.