1. Petitioner has filed these revision petitions calling in question 2nd Additional District Judge, Jammus order September 24, 2007 deciding three preliminary issues framed in respondents suit Nos. 38/Civil and 39/Civil against him. The three common issues, which were decided by the 2nd Additional District Judge, Jammu, are as under:--

1. Whether the suit is not maintainable, as it does not satisfy the requirement of Order 37 CPC ? OPD

2. Whether the suit is hit by Order 2, Rule 2 of CPC. If so, what is its effect ? OPD

3. Whether the suit is hit by principle of constructive res judicata ? OPD

2. Appearing in support of the Revision petitions, Mr. Jatinder Choudhary assails the findings of the trial Court on issue No. 2 saying that respondents suit were not maintainable in view of the bar enacted under Order 2, Rule 2 of the Code of Civil Procedure, hereinafter referred to as the "Code", in that, the plaintiff-respondent had omitted to seek the relief of recovery of the suit amount when he had filed his earlier suit seeking a Decree for permanent prohibitory injunction restraining the petitioner-defendant from selling 14 shops and a house consisting of three rooms, kitchen, bathroom, l

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