JUDGMENT The revision is directed against the order dtd. 31.3.93 of XIth Additional Judge to the Court of District Judge, Indore passed in Civil Suit No. 18/91, whereby the Court has directed issue Nos. 11, 12 & 13 i.e., issues regarding Court fee, Limitation and Res-Judicata to be decided as preliminary issues. . The brief history of the case is that the applicants here have filed a suit against the defendants-non applicants (here) regarding declaration and possession of the suit property. The defendant resisted the claim and on the pleadings of the parties issues with respect of sufficiency of Court fee, Limitation of and Res-Judicata were framed. The case was fixed for arguments an those points. The case was adjourned for manY.l1 dates and, thereafter plaintiff filed an application under section 1S1.C.P.C. that the issue Nos. 11, 12 & 13 be not tried as preliminary issues as the evidence in the case in required. As against it learned counsel for the defendant submitted that all the three points can be disposed of as preliminary issues and that requires no evidence. The learned trial Court has rejected the application of the plaintiff and directed that the issue Nos. 11, 12 and 13 shall be decided as preliminary issues. It is an established principle of law that if decision of an issue requires some evidence that ought not to be decided as preliminary issue. Even the issues of res-judicata cannot be decided unless the plaint, written statement, issues and judgment of the earlier suit has been filed in the case and if parties want some time to adduce that type of evidence, the point of res-judicata cannot also be decided as preliminary issue. Now, in such cases the Court should see as to whether the case can be disposed of on preliminary issues and whether those preliminary issues can be decided without taking evidence of any kind. If there is dispute on certain facts and that requires enquiry or evidence the matter cannot be disposed of as preliminary issues. The pleading of the parties and the relevant documents were not produced before this Court. However, it is desirable that the trial Court shall take into consideration the above established principle of law before deciding issues as preliminary issues. The pleading of the parties and the relevant documents were not produced before this Court. However, it is desirable that the trial Court shall take into consideration the above established principle of law before deciding issues as preliminary issues. Subject to these observations the revision is disposed of and it is directed that the trial Court should see if evidence of any kind is required in the case. Parties shall bear their own costs.