HIGH COURT OF CHHATTISGARH. BILASPUR Writ Petition (Art. 2271 No.3815 of 2011 PETITIONERS/: (Defendants) RESPONDENTS/: (Plaintiffs) 1. Shri Ramswarup age 55 years, S/o Shri Balaram Suryavanshi, 2. Shri Inderman age 53 years, S/o Nathuram Suryavanshi, 3. Shri Indal age 50 years, S/o Nathuram Suryavanshi AII residents of Village Chakarbedha Tahsil Masturi, Distt. Bilaspur (C.G.) Versus 1. Uderam age 55 years, S/o Shri Chhangu Suryavanshi, 2. Moti Ram age 50 years, S/o Chhangu Suryavanshi, 3. Dukhiram age 45 years, S/o Chhangu Suryavanshi, All residents ofVillage Chakarbedha, Tahsil Masturi, District Bilaspur (C.G.) {Writ petition underArticle 227 ofthe Constitution of Indisi} Present: Mr. Vijay Kumar Mishra, counsel for the petitioners. Single Bench: Hon'ble Mr- T.P. Sharma, J ORALORDER (18-7-2011) 1. By this writ petition under Article 227 of the Constitution of India, the petitioners have challenged legality & propriety of the order dated 28-4-2011 passed by the 3rd Civil Judge Class-11, Bilaspur in Civil Suit No.211-A/2009, whereby the Court below has permitted the plaintiffs/respondents to amend their pleading especially relating to possession which has been earlier decided in previous civil suit filed and decided between both the parties. 2. I have heard learned counsel for the parties, perused the order impugned and other documents. 3. During the course of argument, learned counsel for the petitioners seeks to withdraw thispetition with liberty to take all grounds and objections before the trial Court and to file application for framing preliminary issue on the ground of res judicata and its decision before decision on other issues. Soma 4. The petition is dismissed as withdrawn with liberty aforesaid. Question of judicata is normally question of law and requires decision on aforesaid question of law in terms of Order 14 Rule 1 (4) (b) of the CPC. The Courts are under obligation to decide preliminary issue in accordance with Rule 2 of Order 14 of theCPC. No order as to costs. —-— Sd/- T.P. Sharma Judge NdK<^ INIIN^V