KODAVANDLA IMAM SAHEB Vs. SHAIK NAYAB RASOOL

JUDGEMENT

(1.) AGGRIEVED by the order of the Junior Civil Judge, Badvel in I. A. No. 1238 of 1998 in OS. No. 260 of 1998, dated 27-11-1998, in dismissing the application filed by the petitioner to frame preliminary issue and decide whether the suit is maintainable on the principle of res judicata in the light of the judgment in Ramthu Vasha v. Kodavandla Imam Shah and others (S. A. No. 369/92, dismissed on 22-9-1998), the present revision has been filed.

(2.) HEARD the Counsel for the respondents.

(3.) I have gone through the order of the Court below. The reasons given by the Court below in dismissing the application are not sound in law. When the case of one of the parties of the suit is that the subject matter is covered by a decision of the highest Court of the State, the Court below is bound to consider this issue as a preliminary issue and decide the same before taking up the trial. By doing so, the Court will be saving much of its time in examining the witnesses on both sides and hearing arguments etc.