The Patna High Court allowed the appellant's Civil Miscellaneous application and set aside the lower court's order directing the framing of a preliminary issue on res judicata in a title suit.
Civil Miscellaneous application allowed; order directing framing of preliminary issue on res judicata set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.69 of 2017
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.... .... Appellant/s
Versus
.... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
Heard the learned counsel Mr. Baidya Nath Thakur for the petitioner and the learned counsel Mr. Vijay Kumar Mishra for the respondents.
2 23-01-2017
Perused the impugned order dated 19.10.2016 passed by Sub-Judge IV, Darbhanga in Title Suit No. 483 of 2015 whereby the court below has framed a preliminary issue under Order 14 Rule 2 C.P.C. for deciding the question of res judicata.
The learned counsel Mr. Baidya Nath Thakur for the petitioner submitted that by way of amendment the plaintiff has sought for relief to the effect that the judgment and decree passed in Title Suit No. 44 of 1961/14 of 1962 as inoperative, obtained by plasticizing fraud and as such is a nullity and not binding of the
Patna High Court C.Misc. No.69 of 2017 (2) dt.23-01-2017
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plaintiff.
In view of the above factual position, this Civil Misc. application is allowed. That part of the impugned order, whereby the court below has directed to frame preliminary issue on the question of res judicata and fixed the case for hearing on that issue is hereby set aside.
(Mungeshwar Sahoo, J.)
Rakhi
U
2 issues framed by the court
Whether to allow the Civil Miscellaneous application challenging the order framing a preliminary issue on res judicata.
Whether to set aside the order directing the framing of a preliminary issue on the question of res judicata in the impugned suit.
Bimla Devi
Ganesh Singh
Bhim Singh
Badri Singh Both
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
