PICHANDI Vs. KANNU DIED

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant.

(2.) THE appellant/plaintiff filed a suit for declaration that the decree passed in O.S.No.1731 of 1979 wherein he was represented by Guardian, Hamsa Ammal is null and void and not binding on him and the auction of the property conducted in pursuance of the said decree O.S.No.731 of 1979 is also liable to be cancelled.

(3.) IT was further contended that the plaintiff represented by his paternal uncle, filed a suit in O.S.No.591 of 1983 against the very same party viz., the defendants in the suit for the same relief and that suit was dismissed after contest on 16.11.1984 and without filing an appeal against the said decree, the present suit was filed for the same relief and therefore, the present suit is barred by res-judicata by reason of the judgment rendered in O.S.No.591 of 1983 and therefore, the suit is not maintainable.