Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5820 of 2018 Petitioner :- Aadya Prasad @ Lallu Respondent :- Civil Judge And 3 Others Counsel for Petitioner :- Vikas Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
Petitioner is before this Court with the request that the objection so filed by the petitioner in Suit no.1156/2015 to the effect that the Trail Court while finalizing the issues may also incorporate the issue with regard to res-judicata.
In view of the order proposed to be passed, notices need not to be issued to the private respondents.
It appears that the contesting respondents have filed a suit for permanent injunction in the year 2015 before the Civil Judge (Junior Division), Jaunpur, wherein, on 22.12.2015 an order has been passed for defining issues but till date the same has not been framed.
Learned counsel for the petitioner submits that petitioner has already filed his objection in the matter on 30.04.2018, wherein, the ground has been taken that in respect of same property, a suit for permanent injunction bearing Suit no.121/1962 has already been filed, which was decreed in the year 1962 between the predecessors in interest of the parties and as such, the second suit for same cause of action is barred under Section 11 of CPC and in this direction, it is prayed that the Trial Court may be asked to incorporate the issue of res-judicata while framing the issues.
Once such is the factual situation that issues are yet to be framed in the suit proceeding and the petitioner has already filed his objection, then this Court is of the considered opinion that it is always open to the petitioner to raise his grievance before the Court concerned and the Court is at discretion to consider and decide the aforesaid issue while framing the issues as per the pleadings and evidences, which have been lead by the parties and as such, no interference is required at this stage.
With these observations, Writ Petition is disposed of.
Order Date :- 18.8.2018 A. Pandey