Teja Singh vs Union Territory Of Chandigarh And Ors. on 30 September, 1983
This rule provides that where issues both of law and fact arise in the same suit and the Court is of the opinion that the suit can be disposed of an issue of law only then the same can be tried as a preliminary issue provided it relates to the jurisdiction of the Court or a bar to the suit created by any law for the time being in force. In this case, plea of the petitioner is that the suit would be barred by a bar to the suit created by the principle of res judicata. Principle of res judicata is that where a Court of competent jurisdiction has determined the controversy after hearing the parties or the parties claiming through them the subsequent on the same cause of action between the parties is barred. Respondent had filed a civil writ petition in this Court which had been dismissed. Case of the petitioner is that the relief claimed in the writ petition filed in this Court was directly and substantially the same which has been claimed in the suit. Teja Singh's case (Supra) provides that where a writ petition has been dismissed after hearing the parties then the subsequent suit in the same cause of action would be barred. The evidence required on such an issue would be minimal i.e. a certified copy of the pleadings of the parties in the writ petition can be placed on record by way of an affidavit and the trial Court after going through the pleadings of the parties and the order passed by the High Court can determine as to whether the suit is barred by the principle of res judicata or not. No useful purpose would be served by postponing this issue and tried with the other issues as it might prolong the litigation unnecessarily.