POTLA SUBBARAYUDU Vs. RAVI LAKSHMAYYA

JUDGEMENT

(1.) We regret that we cannot accept the learned District Judge s decision. The decree of the District Munsif in Original Suit No. 290 of 1910, which is pleaded as res judicata, is not, in our opinion, deprived of that character, because (with or without the parties consent) the present plaintiff s right to sue again to recover back the amount then decreed and paid was referred to in the connected judgment as reserved. The fact, if it be one, that the present defendant agreed to that reservation could not be material. For no agreement between the parties could have enabled the Court to dispose of the case in a manner not recognized by the Civil Procedure Code or by authority.

(2.) The appeal must, therefore, be allowed, the lower Appellate Court s order of remand being set aside and the District Munsif s decision dismissing the suit with costs being restored.

(3.) There will be no order as to costs here and in the District Court.