Rajiv Sahai Endlaw, J.

1. Issue No. 1 as follows, framed on 17th January, 2008 and ordered to be treated as a preliminary issue falls for consideration:

1. Whether the suit is barred by the principle of res-judicata as issue raised in the suit has been directly and substantially been adjudicated between the plaintiff and the defendant in suit No. 16/2006 titled as Alka Gupta v. Narender Kumar Gupta vide an order dated 25th November, 2006 by a competent court? OPD

2. During the hearing on the aforesaid preliminary issue on 12th January, 2009, after hearing the counsel for the defendant and the senior counsel for the plaintiff in part it was clarified that arguments were being heard not only on the preliminary issue aforesaid but also on as to why independently of Section 11 and Order 2 Rule 2 of CPC, the suit should not be dismissed summarily, also on the ground of re-litigation and abuse of the process of court. Thereafter on 16th January, 2009 the statement of the plaintiff was also recorded and arguments on the preliminary issue and the aforesaid aspect were heard on 16th January, 2009 and 21st January, 2009.

3. The facts are as under:

A. The plaintiff instituted the pre