Mayur Travels And Anr. vs Mercury Travels India Ltd.
1994 Latest Caselaw 153 Del

JUDGMENT

R.C. Lahoti, J.

(1) This revision filed by the defendant/petitioners is directed against the order dated 31.5.1985 of the trial court over-ruling plea raised by the petitioner of the suit filed by the plaintiff being barred by resjudicata referrable to Section 11 of the CPC.

(2) On a short point the revision deserves to be allowed. It is stated at the bar by the learned counsel for the petitioners that copies of the pleadings and issues in the earlier suit were not before the court and yet the plea has been adjudicated upon. In Isher Singh Vs. Sarwan Singh and others it has been held:- "THE question whether a matter was directly and substantially in issue in the former suit has to be decided (a) on the pleadings in the former suit. (b) the issues struck therein, and (c) the decision in the suit."

(3) In the absence of pleadings of the earlier suit being of record the plea of resjudicata cannot be said to have been justly and rightly adjudicated upon by the trial court.

(4) The revision is allowed. The impugned order is set asisde. The case is sent back to the trial court with a direction to afford the petitioners an opportunity of bringing on record certified copies of the pleadings, the issues and the decision in the earlier suit on record and thereafter to adjudicate upon whether this present suit is barred by resjudicata.

(5) No order as to costs.

(6) The petitioners are directed through their counsel to appear before the trial court on 23rd March, 1994.