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Judgment
THOUGH we are not satisfied about the correctness of the reasons stated by the State Commission for rejecting the preliminary objection raised by the opposite party, we consider that due notice has to be taken by us of the subsequent development, namely, that the civil suit which had been instituted by the complainant in the Court of the Sub Judge 1st Class, Delhi, as Civil Suit No. 446 of 1992 has been subsequently withdrawn by him and it has been dismissed on that ground on 28-7-1992. Hence the position which now obtains is that there is no suit pending in respect of the subject matter before the Civil Court and the matter cannot be, therefore, considered sub-judice. In the circumstances, we consider that no interference is called for in this appeal with the decision of the State Commission to proceed with the adjudication of the case on merits. We however make it clear that it will be open to the opposite party to raise before the State Commission any objections that it may have based on the plea of resjudicata that it may wish to put forward. The appeal is dismissed for aforesaid limited reason. The parties will bear their respective costs. Appeal dismissed.