IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1166 of 2007 PRITHVI NATH MISHRA Versus NARVADESHWAR MISHRA & ORS ----------- 2 10.9.2008 Heard Counsel for the petitioner. In the opinion of this Court, when the issues were yet to be framed, the question of deciding the preliminary issue would not have arisen. That being so, the application of the petitioner for deciding the question of res-judicata as a preliminary issue was premature. That however will not be the end of matter because in the impugned order now it has been held by the Court below that the issue of res-judicata will be gone into along with other issues. That is not the correct approach in law because if issue of res-judicata can be gone into as a pure question of law, the Court below after framing of the issues is required to examine the materials on record and decide the issue of res-judicata as a preliminary issue. That being so, this civil revision application is here by disposed of with the aforementioned observations. Rsh (Mihir Kumar Jha, J.)