Babu Singh And Others v. Jarnail Singh And Others

CR 155/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:15.01.2015 Babu Singh and others .............Petitioners v.

Jarnail Singh and others .............Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.RVS Chugh,Advocate for the petitioners Jaswant Singh,J.(Oral) Defendants 1 to 4, 6,8 and 9 are in revision aggrieved by the order dated 4.11.2014 (P-8) passed by learned Additional Civil Judge (Senior Division) Mansa whereby their application under Section 11 and 12 CPC for dismissing the suit on the basis of principle of res judicata has been dismissed.

Having heard learned counsel for the petitioners it is apparent that they have yet to file their written statement and also place on record copies of the plaint, written statement and issues of the earlier suit upon which the principle of res judicata is being invoked in the present suit. It is suggested that certified copies of the judgments and decrees passed in previous suit were placed on record, however, in the facts of the present case, it is felt that petitioners/defendants would be at liberty to get an issue framed in this regard and get it decided as a preliminary issue.

RAJINDER PRASHAD JOSHI 2015.01.15 17:09 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CR 155/2015 In view of the above, present revision petition is dismissed. However, the petitioners after placing the entire material on record and framing of the issues would be free to get the same decided as preliminary issue.

15.01.2015 (Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.01.15 17:09 I attest to the accuracy and authenticity of this document High Court, Chandigarh.