(1.) PETITIONER in Pauper O.P. No. 69 of 1990 on the file of Sub Court, Cuddalore has preferred the appeal aggrieved against the order dated 11.07.1991.
(2.) THE case in brief is as follows: The petitioner / plaintiff filed a suit in informal pauperis for a decree for Rs.7,050/= against defendants 1 to 3 with subsequent interest, direct accounting against defendants 1 and 2 for item No.1 of 'A' schedule lying in deposit with the 4th defendant and pass a preliminary decree for his half share in items 2 and 3 of 'A' and 'B' schedule properties. He is in possession of house property referred to in the Will executed by his father. He has no means to pay the court fee. He has not sold any property or not entered to any agreement with respect to any property or the subject matter of the suit prior to the institution of the suit. The only item which he owns is set out in schedule C. Respondents 1 and 2 alone filed a counter contending that the petitioner already filed a suit for partition of the properties. Some of the suit properties were also forming subject matter in the earlier suit. The suit O.S.5 50 of 1974 was dismissed and the appeal was also dismissed. Hence, the present suit is barred on the principle of res judicata and there is no cause of action to file a suit. Palani Pathar died on 02.11.19 74.
(3.) P .W.1 and R.W.1 were examined and Exs.P -1 to P -10 were marked. The court below dismissed the petition on the ground that the present suit is barred by res judicata. Aggrieved against this, the present appeal is filed.