SURINDER MOHAN Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) Both the above mentioned Civil Revisions viz. CR No. 1957 of 2003 and CR No. 3499 of 2004 have been listed together for hearing. Both the above mentioned Civil Revisions are being disposed of by a common judgment.

(2.) C.R. No. 1957 of 2003 has been filed for setting aside the judgment dated 29.03.2003 passed by learned Civil Judge (Junior Division), Chandigarh whereby application filed by the petitioner for treating Issue No.3 of res judicata as preliminary issue, has been declined. In C.R. No. 3499 of 2004, the petitioner has prayed that in the exercise of plenary and extra ordinary jurisdiction vested in this Court, the civil suit titled Baldev Singh vs. Surinder Mohan and others be dismissed as identical issue has earlier been decided between the parties in a civil suit and that suit has become final upto the Hon'ble Supreme Court. Brief facts of the case are that respondent no.1 Baldev Singh filed a civil suit in which the petitioner was arrayed as defendant. On 21.11.2001, the following issues were framed in the said suit:-

(3.) After framing of issues, the petitioner moved an application on 11.12.2001 under Order 14 Rule 2 read with Section 151 CPC for treating issue no.3 i.e. whether the suit is barred by principles of res judicata? OPD, as preliminary issue. Vide order dated 29.03.2003, the trial Court dismissed the application. Hence, this revision petition.