IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK JAIN

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ON THE 24 OF FEBRUARY, 2026 MISC. PETITION No. 884 of 2026 SHANKARLAL MEHRA Versus NAGAR PALIK NIGAM AND OTHERS Appearance:

Shri Paras Nath Das - Advocate for the petitioner.

ORDER By way of present petition challenge is made to the order Annexure P-

5 dated 15.01.2026 whereby the trial Court has rejected application under Order 14 Rule 2 CPC for deciding issue as to res judicata as a preliminary issue, that whether the counter claim is barred by res judicata.

2. The trial Court has rejected the said application on the ground that plea of res judicata is always a mixed question of law and fact and therefore it cannot be decided as a preliminary issue and it has to be decided after recording evidence along with all the issues in a common trial which will be held to decide all the issues together and trial cannot be held in piecemeal.

3. Though it is true that trial cannot be held in piecemeal, however the contention of the counsel for petitioner is that the issue as to res judicata in the present case only requires reading of documents of the petitioner-plaintiff who is defendant in counter claim and