KABULAN Vs. JAHURA ORAON

JUDGEMENT

(1.) This writ application is directed against the order dated 14.06.2007 passed by Sub-Judge-II, Ranchi in Title Suit No. 129 of 2004, whereby the learned court below rejected the prayer of Petitioner to decide the issue of res-judicata as a preliminary issue.

(2.) From perusal of impugned order, I find that the court below rejected the prayer of Petitioners and hold that the issue of res- judicata in the context of this case is a mix question of law and fact, thus, unless evidences adduced by the parties, same cannot be decided at preliminary stage.

(3.) It is submitted by Sri Rajan Raj, learned Counsel for the Petitioners that Plaintiff Nos. 1 & 2 (Respondent Nos. 1 & 2 of this writ application) are the family members of Defendant Nos. 3 to 9 (Respondent Nos. 4 to 10 of this writ application). It is further submitted that Defendant No. 3 to 9 had filed S.A.R. Case No. 35/1969 | 127/1970 for the same suit property. It is submitted that aforesaid S.A.R. case allowed in favour of Defendant Nos. 3 to 9 upto the appellate court. However, against the order of appellate authority original Petitioner No. 1 filed a writ application bearing C.W.J.C. No. 113 of 1987 (R), which was allowed by this Court vide Annexure 2.