HARYANA STATE ELECTRICITY BOARD Vs. J S CHOTANI

JUDGEMENT

(1.) THE petition is directed against the order of the trial Court dated 19. 5. 1988 whereby the preliminary issue No. 3 as to whether the plaintiff's suit was barred by the principle of res-judicata, has been decided against the defendant and in favour of the plaintiff.

(2.) THE plaintiff has filed a suit for declaration challenging the order dated 28. 2. 1984 by which he has been retired prematurely and for mandatory injunction directing the defendant to treat him in service.

(3.) IN the written statement, preliminary objection was raised that the suit was barred by the principle of res-judicata because the plaintiff already filed Civil Writ Petition No. 1443 of 1984 challenging the said order of premature retirement. Notice of motion was issued, reply was filed on behalf of the Board and ultimately Division Bench of this Court dismissed the same finding no merits therein vide order dated 18. 10 1984. The order passed reads as under. "heard. No merit. Dismissed. "