In The Punjab & Haryana High Court at Chandigarh Civil Revision 3164 of 2008 Date of Decision : 30-3-2009 Barkate and others ....Petitioners versus Faryad Ali ....Respondents Coram: Hon'ble Mr.Justice A.N.Jindal Present: Shri A.K.Garg, Advocate, for the petitioners Shri S.N.Chopra, Advocate, for the respondent A.N.Jindal, J (Oral) This petition is directed against the order dated 2-1-2008 passed by the Civil Judge, Junior Division, Malkerkotla, rejecting the application filed by the defendants-petitioners (herein referred as defendants) for rejecting the plaint on the ground that some judgement between the parties with regard to the same subject matter has been passed , on the other hand, learned counsel for the respondent has opposed the application. Admittedly, learned counsel for the petitioners did not place any such copy of the judgement and copies of the pleadings on record in order to establish that the matter in issue in the present case already stood decided between the parties, as such the application appears to be misconceived. Dismissed. However, the petitioners would be at liberty to take this plea in their written statement. In that situation, the Court will decide this issue while treating the same as preliminary and while deciding the issue, the --2-- Court would not be influenced by the observations made hereabove. Sd/- 30-3-2009 {A.N.Jindal} Judge