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Judgment
Govind Mathur, J.—This petition for writ is preferred to challenge the order dt 15.10.2012 passed by Civil Judge (J.D.) and Judicial Magistrate, First Class, Dungargarh. By the order aforesaid, the learned Court below arrived at the conclusion that the issue with regard to res judicata being an issue relating to facts as well as law is required to be adjudicated at the time of final disposal of the original civil suit itself. It is submitted by learned counsel for the petitioner that the question raised by the defendant-petitioner is purely a legal question and that could have been examined by the trial Court at this stage only.
I do not find any merit in the argument advanced.
The learned trial Court after examining all aspects of the matter arrived at a definite conclusion that the question raised by the petitioner is a mixed question of law and facts and, therefore, that is required to be examined at the time of final disposal of the civil suit. The conclusion arrived is based on objective consideration of facts, the order impugned thus, does not suffer from any error that may warrant interference of this Court while exercising powers under Art. 227 of the Constitution of India. The writ petition, therefore, is dismissed.