Prem Shanker Asopa, J. - (1.) THIS appeal by the plaintiff is directed against the judgment and decree dt. 28.07.2012 passed by the Addl. Distt. Judge No. 7, Jaipur Metropolitan in Civil Suit No. 93/2011 by which the suit has been dismissed on the issue of res judicata. Counsel for both the parties are in agreement that the issue of res judicata is required to be decided after framing the issues and allowing the parties to adduce evidence, therefore, the case may be remanded back to the trial Court after setting aside the impugned judgment and decree.
(2.) CONSIDERING the aforesaid submission, the judgment and decree dt. 28.07.2012 passed by the Addl. Distt. Judge No. 7, Jaipur Metropolitan in Civil Suit No. 93/2011 is set aside and the case is remanded back to the trial Court to decide the same in accordance with law, as expeditiously as possible.;