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RSA No. 2844 of 2023

2023:PHHC: 124447

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

RSA No. 2844 of 2023(O&M)

Date of Decision: 21.09.2023

Jagbir Singh

…Appellant

Versus

Jasbir Singh & Ors.

…Respondents

CORAM :HON’BLE MR. JUSTICE KARAMJIT SINGH

Present:- Mr. J.S. Bedi, Advocate

For the appellant.

***

KARAMJIT SINGH, J.

1.

The present regular second appeal has been filed by the

appellant/ plaintiff against the order dated 25.07.2019 whereby the

application filed by respondents under Order 7 Rule 11 CPC was allowed

and the plaint was rejected on the ground that the suit filed by the appellant/

plaintiff was barred by principle of res judicata and judgment dated

08.05.2023 whereby the appeal filed by the appellant/ plaintiff against the

aforesaid order dated 25.07.2019 has been dismissed by the Court of

Additional District Judge, Panipat.

2.

The counsel for the petitioner while assailing both the

impugned orders has, inter alia, contended that it requires recording of

evidence to decide the issue of res judicata and the suit could not be

disposed of at very initial stage on the