Indra Raj Singh vs Commissioner Garhwal Mandal & ...
2014 Latest Caselaw 4301 Del

WPMS No. 468 of 2013
Hon'ble Alok Singh, J.

Mr. Lok Pal Singh, Advocate for petitioner. Mr. Pankaj Miglani, Advocate for respondents.

For the reasons stated, rejoinder affidavit is taken on record.

Present petition is filed assailing the order dated 10.03.2010 passed by 3rd Additional Civil Judge (SD), Dehradun in OS No. 507 of 2005 whereby learned trial court was pleased to decline to frame additional issue to the effect as to whether present suit is barred by principle of res judicata as provided under Section 11 CPC in view of judgment passed in OS No. 4 of 1994 (Vinod Kumar Vs. Shyam Singh).

Undisputedly, OS No. 4 of 1994 seeking permanent prohibitory injunction filed by the present petitioner against Shyam Singh was decreed vide judgment and decree dated 18.07.1998.

Respondents, herein, are vendee of Shyam Singh against whom judgment and decree was passed in OS No. 4 of 1994. What would be the effect of judgment passed in OS No. 4 of 1994, can only be decided by the trial court, for which additional issue seems to be necessary. Moreover, additional issues can be framed at any stage of suit.

Consequently, writ petition succeeds and is hereby allowed. Impugned orders are hereby set aside. Additional issue is framed to the following effect "As to whether present suit is barred by principle of res judicata, as provided under Section 11 CPC in view of judgment passed in OS No. 4 of 1994 (Vinod Kumar Vs. Shyam Singh)?"

CLMA No. 4856 of 2012 and IA No. 3442 of 2014 also stand disposed of.

(Alok Singh, J.) 09.09.2014 SKS