RAJAH OF PITTAPUR Vs. RAJAH VENKATA MAHIPATI SURYA

JUDGEMENT

(1.) UPON the several questions of fact which were raised in this suit there are two concurrent findings. As to one portion of the claim there is the finding of the Court which tried the case in the first instance; and as to the other portion there is the finding of the Court which tried the case upon remand. The High Court concurred with those respective findings. It is contended, however, that the High Court threw the onus of proof upon the Defendant, whereas it ought not to have been so thrown. But the Court did not throw the onus upon the Defendant as a matter of law but merely in drawing their own conclusions from the evidence upon matters of fact.

(2.) THEIR Lordships see no reason to think that the High Court erred in point of law or in point of fact in arriving at conclusions similar to those which had been come to by the Courts below.

(3.) THE case which Mr. Doyne cited from the 11th Moore's Indian Appeals, p. 553, decides "That the correct test is, whether the claim in a new suit is in fact founded on a cause of action distinct from that which was the foundation of the former suit." Their Lordships are of opinion that the claim in respect of the personalty was founded on a cause of action distinct from that which was the foundation of the former suit.