JUDGMENT
J.V. Gupta, J.
1. The petition is directed against the order of the trial Court dated 19.5.1988 whereby the preliminary issue No. 3 as to whether the plaintiff’s suit was barred by the principle of res-judicata, has been decided against the defendant and in favour of the plaintiff.
2. The plaintiff has filed a suit for declaration challenging the order dated 28.2.1984 by which he has been retired prematurely and for mandatory injunction directing the defendant to treat him in service.
3. In the written statement, preliminary objection was raised that the suit was barred by the principle of res-judicata because the plaintiff already filed Civil Writ Petition No. 1443 of 1984 challenging the said order of premature retirement. Notice of motion was issued, reply was filed on behalf of the Board and ultimately Division Bench of this Court dismissed the same finding no merits therein vide order dated 18.10 1984. The order passed reads as under.
“Heard. No merit. Dismissed.”
4. The trial Court have taken the view that since the said writ petition was dismissed in limine without passing a speaking order, it does not operate res-judicata. According to the trial Court, it is for him to find out as to whether the order passed in limine operates as resjudicata or not.
5. Learned counsel for the petitioner submitted that the whole approach of the trial Court in this behalf was wrong and misconceived. In the High Court, the writ petition was dismissed after hearing both the parties and when no merit was found therein. In these circumstances, the suit filed subsequently was barred by the principle of res-judicata. Reference was made to Ajmer Singh v. Additional District Judge, Sangrur, (1986-1) 89 P.L.R. 569.
6. After hearing the learned counsel, I find merit in the contention raised on behalf of the petitioner. The writ petition was dismissed in limine after hearing both the parties and finding no merit therein. Such an order does amount to res-judicata between the parties. The plaintiff has filed the suit unnecessarily after getting his writ petition dismissed on merits. The said order of the High Court does operate as res-judicata between the parties. Consequently, this petition succeeds and the impugned order is set aside. As a result thereof the plaintiff’s suit stands dismissed being barred by the principle of resjudicata.