IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2011 of 2007 Tilak Nagar Grih Nirman Samiti Ltd. Through its Secretary Krishna Ballav Singh, S/O Late Ramjee Singh, resident of village- Panhas, P.O. suhird Nagar, P.S. Begusarai Muffasil, District- Begusarai …… Petitioner Versus Rajendra Singh, S/o Jang Bahadur Singh, resident of Village- Samho, P.S. Matihani, Nayagaon (Samho), District- Begusarai …… Opp.Party ----------- 4. 22/04/2009 Heard learned counsel for the petitioner and learned counsel for the opposite party. From the facts of the suit and the facts of the earlier litigation as placed before this Court by the respective learned counsels, it appears that it is not the stage to decide the question of res judicata in the suit. Learned counsel for the opposite party submits that instead of expressing any opinion on that issue, it may be left open to learned court below for adjudication on the question at the time of final hearing of the suit and for that purpose learned trial court may be given liberty to frame specific issue in this respect also. In that view of the matter, order dated 28.6.2007 passed by Sub-Judge-I, Begusarai in Title Suit No.266 of 2006 is set aside and the - 2 - learned court below is directed to take the plaint on record, admit the same and proceed with the hearing of the suit in accordance with law on its own merits and decide the same as expeditiously as possible and if possible within one year from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this revision application is disposed of. Pradeep/ (J. N. Singh, J.)