BALWANT RAI Vs. MOHAN LAL

JUDGEMENT

(1.) PETITIONER has filed these revision petitions calling in question 2nd Additional District Judge, Jammu's order of September 24, 2007 deciding three preliminary issues framed in respondent's suit Nos. 38/civil and 39/civil against him. The three common issues, which were decided by the 2nd Additional District Judge, Jammu, are as under:-

(2.) APPEARING in support of the Revision petitions, Mr. Jatinder Choudhary assails the findings of the trial Court on issue No. 2 saying that respondent's suit were not maintainable in view of the bar enacted under order 2, Rule 2 of the Code of Civil Procedure, hereinafter referred to as the "code", in that, the plaintiff-respondent had omitted to seek the relief of recovery of the suit amount when he had filed his earlier suit seeking a Decree for permanent prohibitory injunction restraining the petitioner-defendant from selling 14 shops and a house consisting of three rooms, kitchen, bathroom, latrine, verandah and compound constructed on Plot No. 38 situated at Old janipur, Jammu, to any person other than the plaintiff-respondent and to refrain from taking any advance for, or/and to execute sale Deed of the house. He has placed reliance on judgment dated 16-10-2007 delivered by this Court in CSA Nos. 5/2006 and 6/2006 (reported in AIR 2008 J. and K. 37)to support his submission.

(3.) LEARNED counsel had made a feeble attempt to question the findings of the trial court on issue Nos. 1 and 3 saying that the plaints having not been drawn, in requisite form, the respondent's suits, which were otherwise barred by the principle of constructive res judicata, were unsustainable.