S. B. SINHA, C. J.

( 1 ) A learned single Judge of this Court by an order dated 3-8-2001 has referred the matter - whether the question of res judicata is bar to the suit created by any law for the time being in force within the meaning of order 14 Rule 2 (2) (b) of the Code of Civil procedure, 1908 (for short the Code ). FACTS:

( 2 ) THE plaintiff-opposite party filed the suit for injunction. It was contended that earlier, Original Suit No. 655 of 1980 was filed by the vendors of the defendants- petitioners herein on the file of the Munsif magistrate, Rajampet for declaration of title and injunction for the self-same property. When the suit was dismissed, an appeal - being A. S. No. 40 of 1985, was preferred thereagainst which was allowed by an order dated 28-7-1986. Assailing the same, second appeal was filed before this Court which was marked as S. A. No. 58 of 1987 and the same was dismissed on 31-8-1998.

( 3 ) THE contention of the defendants- petitioners herein, therefore, is that o. S. No. 70 of 1992 cannot be entertained as the same is barred under the principles of res judicata. For determination of the said issue as a preliminary one, an application was filed by the peti

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