TEKU RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree of the learned District Judge, Kinnaur at Rampur dated 1/06/2000.

(2.) Having heard the parties, the appeal was admitted on the following substantial questions of law : Whether the Courts below were justified in dismissing the suit of the plaintiff on the ground that the suit was barred by the principles of res judicata without framing any issue and giving an opportunity to the parties to lead evidence in support of their rival contentions?

(3.) In order to appreciate the controversy, undisputed facts, for the purpose of the disposal of this appeal, may be noticed thus :