- (1.) A short question arises for consideration is that as to whether on a question raised by defendant in suit, that suit is barred by principle of res-judicata and the question should be decided as preliminary issue first, it is obligatory upon the trial court to decide it as preliminary issue first by postponing the settlement of other issues involved in the suit?
(2.) THE brief facts of the case are that originally there was only one plot no. 9 at Loni Road Industrial Area, Site 2, Ghaziabad which was allotted to the plaintiffs-respondents in the year 1969, but since the plaintiff did not raise any construction and did not start the industrial unit as such the lease itself was cancelled on 31. 01. 1972. After cancellation of the lease the original plot no. 9 Loni Road Industrial Area, Site 2, Ghaziabad was divided into 2 plots i. e. plot nos. 9 and 9a. The plot no. 9 ad-measuring an area of 15965 sq. yards after division of original plot no. 9 allotted to M/s Hind Forge Private Limited. It is further stated that plaintiff-respondent was required to enter into a compromise in regard to allotment of said plot with U. P. S. I. D. C. under certain terms and in a meeting of Board of Directors of U. P. S. I. D. C. held on 30. 03. 1977 a resolution was passed for such allotment of remaining portion of original plot no. 9 ad-measuring an area of 24399 sq. yards, but the resolution was never given effect to as the plaintiff-respondent declined to take any interest in effectuating the said compromise, thus the resolution dated 30. 03. 1977 became only a dead letter.
(3.) IT is stated that after lapse of about 29 years a frivolous writ petition was filed by the plaintiff-respondent before this Court which was numbered as Civil Misc. Writ Petition No. 68650 of 2006. In this writ petition the advertisement dated 08. 11. 2006 was challenged by means of which U. P. S. I. D. C. had advertised for allotment of plot no. 9a, Site 2, Loni Road, Ghaziabad. A further relief was sought for by the plaintiff-respondent in the writ petition that present petitioner/defendant in suit and other respondents of the writ petition be restrained from interfering with the possession of the plaintiff-respondent over plot no. 9a, Site 2, Loni Road, Ghaziabad.;