Hon’ble Sabhajeet Yadav, J.—A short question arises for consideration is that as to whether on a question raised by defendant in suit, that suit is barred by principle of res-judicata and the question should be decided as preliminary issue first, it is obligatory upon the trial Court to decide it as preliminary issue first by postponing the settlement of other issues involved in the suit?

2. The brief facts of the case are that originally there was only one plot No. 9 at Loni Road Industrial Area, Site 2, Ghaziabad which was allotted to the plaintiffs-respondents in the year 1969, but since the plaintiff did not raise any construction and did not start the industrial unit as such the lease itself was cancelled on 31.1.1972. After cancellation of the lease the original plot No. 9 Loni Road Industrial Area, Site 2, Ghaziabad was divided into 2 plots i.e. plot Nos. 9 and 9-A. The plot No. 9 ad-measuring an area of 15965 sq. yards after division of original plot No. 9 allotted to M/s Hind Forge Private Limited. It is further stated that plaintiff-respondent was required to enter into a compromise in regard to allotment of said plot with U.P.S.I.D.C. under certain terms and in a