High Court of Judicature at Allahabad
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Taj Mohd. Son Of Ameer Ahmad v. Hasan Raza Khan And Another - WRIT - C No. 64893 of 2006  RD-AH 20268 (29 November 2006)
Hon. Tarun Agarwala,J.
Heard learned counsel for the parties.
The petitioner is a defendant. Three additional issues were famed in Civil Appeal before the appellate court. In so far as issue No.10 was concerned, the appellate court held that the suit was not barred by principle of resjudicata. The defendant has filed the present writ petition challenging the order of the appellate court deciding issue No.10. In view of the decision of the Supreme Court in the case of Guru Dev Singh others vs. Mehngha Ram and another, A.I.R. 1997 SC 3572, this Court is not inclined to entertain the writ petition and it is open to the petitioner to challenge this order after the appeal is decided finally before the appropriate forum.
The petitioner has challenged another order by which the lower appellate court has remitted the matter to the trial court to decide the two additional issues since evidence was required to be led on those issues. In my view there is no error in the said order. Consequently, this Court is not inclined to entertain this writ petition.
The writ petition is dismissed.
Since the suit is of the year 1992, the trial court is directed to decide the additional issues expeditiously within three months form the date of the production of a certified copy of this order.
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