S.B. CIVIL WRIT PETITION NO.2366/2010 Satyendra Singh Vs. Smt. Manju & Ors. Date of order : 15th March, 2010 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.K. Bhaiya for the petitioner. ------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 24.11.2009 whereby the application under Order 14 Rule 2 C.P.C. of the petitioner-defendant has been rejected by the learned trial court. 3. Learned counsel for the petitioner-defendant Mr. J.K. Bhaiya submits that previously another suit has already been decided between the parties and according issue No.6 relating to provisions of Section 10 C.P.C. and another issue No.10 relating to res judicate ought to have been decided first and they do not require any evidence. 4. Having heard learned counsel this Court is of the view that no interference is called for in the impugned order by this Court under Article 227 of the Constitution. However, it is expected that the said issues no.6 and 10 as aforesaid appear to be the issues of preliminary nature and, therefore, can be decided as preliminary issues by the learned trial court. However, if the learned trial court is of the opinion that the determination of these issues would also require evidence it may decide further taking the parties' evidence as preliminary issues. 5. The writ petition is accordingly disposed of. Copy of this judgment be sent to opposite parties as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.3 babulal/