Bal Krishna Agrawal v. Bhola Mali And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4806 of 2014 ====================================================== Bal Krishna Agrawal .... .... Petitioner/s

Versus

Bhola Mali & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-01-2016 Heard the learned counsel, Mr. Birendra Singh, for the petitioner.

By the impugned order dated 12.09.2013 passed by Sub Judge VIth, Gaya in Title Suit No.42 of 2008 / 99 of 2008, the Court below has rejected the application filed by the petitioner under order 14 Rule 2 Clause (b) CPC for deciding the question of res judicta as preliminary issue.

From perusal of the impugned order, it appears that the Court below found that all the claims raised by the petitioner are questions of fact and therefore, at this stage, the same cannot be decided. Since the provision as contained in Order XIV Rule 2 provides that the question of law can only be decided as preliminary issue and it is the discretion to the Court. The issue, i.e., res judicata herein is not a pure question of law which cannot

Patna High Court CWJC No.4806 of 2014 (2) dt.22-01-2016 2/2 be decided as preliminary issue as such the learned Court below has rightly rejected the said application. Thus, no interference can be made in supervisory jurisdiction under Article 227. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T