MURUGAPPA ASARI Vs. SANTHIAMMAL

JUDGEMENT

(1.) The respondent does not appear. The decision which is relied on as operating as res judicata, itself provides that the present plaintiff shall be at liberty to sue for the recovery of the land in question after the issue of the sale-certificate. The decree is quite irregular in form, but having regard to this special provision, we do not think it operates as res judicata.

(2.) The decrees of the lower Courts must be set aside and the suit remanded to the Court of First Instance for disposal according to the law.

(3.) Costs hitherto incurred will abide the event.