PARTAB NARAIN SINGH Vs. TRILOKINATH SINGH

JUDGEMENT

(1.) THIS appeal arises in a suit brought by the Respondent in which he sought a declaration that he was entitled to succeed to the large talook of Mahdona, in Oudh, and other property which belonged to the late talookdar, Maharajah Sir Man Singh. The District Judge of Fyzabad dismissed the suit, but on appeal, the officiating Judicial Commissioner reversed his decree, sustained the Respondent's suit, and made the declaration he prayed. This declaration is directly opposed to the declaration made by the Queen in Council on the report of this Board in a former suit brought by the present Appellant, in which substantially the same issues relating to the succession to the talook as those arising in the present suit were raised and decided.

(2.) THE first question to be considered, therefore, in the present appeal is, whether the Respondent is bound by the judgment in the former suit, for, if so bound, the question on the merits need not be discussed.

(3.) THE facts relating to the succession are fully stated in the judgment of this Board in the former appeal Law Rep. 4 Ind. Ap. 228. But it will be convenient for the elucidation of the question of res judicata, to which their Lordships' observations will be confined, to re-state some of these facts.