CHAMAN LAL KANA Vs. VIJAY KUMAR MAHAJAN

JUDGEMENT

(1.) I have perused the records. The order impugned directing the framing of the issue "Whether the suit of the plaintiff is hit by the principle of res -judicata does not in any way determine the rights of the parties and the issue arises out of the pleadings of the parties.

(2.) IN order to bring the principle of resjudicata, the party who pleads like that, has to prove that the matter was substantially in issue between the same parties or between the parties through whom they are claiming and that the identity of the subject matter, out of which, adjudication has been made is also to be established. This issue and other preliminary issues are to be gone through to prove it within the mischief resjudicata.

(3.) MERELY pleading that the suit is hit by doctrine of resjudicata will not be absolving the party who pleads like that. The order passed and impugned in this revision petition does not in any way suffer on account of jurisdictional or procedural error which attracts provisions of Section 115 of Civil P.C. So the revision petition is mis -conceived and is dismissed on merits. Let the suit file go to the trial court. Learned trial court shall proceed in the matter and adjudicate upon the issue so framed in the impugned order. The revision file be consigned to records.