GAYATRI DEVI Vs. BHUNESHWAR SINGH

JUDGEMENT

(1.) THE petitioner is aggrieved by ORDER :dated 29.1.2005 whereby the petition filed by the opposite party under ORDER :14 Rule 2 C.P.C. to decide the question with respect to res judicata as preliminary issue has been allowed and the parties have been directed to adduce evidence.

(2.) THE law is well settled that if the suit is barred or hit by any law then such issue can be decided as preliminary issue. It has been stated that in the year 1960 a suit for partition was brought against the father and brothers of the petitioner which was decreed. The admitted position is that the petitioner was not party to the suit nor had knowledge about the suit. In the plaint it has been stated that subsequently the petitioner learnt about the suit.

(3.) ACCORDINGLY , the revision petition is allowed. The ORDER :impugned is set aside.