ANIL KSHETARPAL, J.

1. Vide this judgment, I shall be disposing of two cases bearing RSA No.278 of 2012 and CR No.5256 of 2013 as the issue which need determination is common and most of the parties are also common and counsel for the parties are also agreed that both the cases can be conveniently disposed of by a common judgment.

2. In the considered opinion of this Court, the following substantial questions of law arise for consideration:-

1. Whether in a previous judgment arising out of a suit for permanent injunction, if a issue/question which is directly and substantially has been answered/decided, would operate as res judicata in subsequent suit?

2. Whether it is necessary to file the pleadings of the previous suit before question of res judicata is examined?

3. Defendant-appellant is in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment and decree passed by the learned trial Court in which plaintiffs seeking primarily declaration to the effect that the plaintiffs are co-owners in possession to the extent of equal share in the land measuring 8 kanals and 8 marlas. Other reliefs have also been sought for which