IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No. 6254 of 2010 Date of Decision: 27.09.2010 Ram Kumar and others .... Petitioners Versus Tasvir and others ... Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present : Mr. Neeraj Kumar, Advocate for the petitioners ALOK SINGH, J. (ORAL) Present petition is filed challenging order dated 25.8.2010 passed by Civil Judge (Jr. Divn.) Rohtak whereby an application moved by defendants-petitioners for dismissal of the suit barred by principle of res-judicata was dismissed. Learned counsel for the defendants-petitioners states that in the written statement plea of res-judicata shall be taken and on such plea issue shall be framed and learned trial Court shall decide the same in accordance with law, hence, he may be permitted to withdraw this petition. Petition is dismissed as withdrawn. Defendants are always at liberty to plead in the written statement the question of res- judicata and maintainability of the suit. If such plea is taken in the written statement, learned trial Court shall be duty bound to frame the issue and decide it in accordance with law. (ALOK SINGH) 27.09.2010 JUDGE reena