ORDER

This special leave petition arises from the judgment of the Himachal Pradesh High Court, made on September 18, 1996 in Second Appeal No. 215 of 1987. Admittedly, both the petitioner and the respondents had filed civil suits claiming damages against each other. The petitioner s suit was dismissed and the respondents suit was also dismissed by the trial Court but on appeal filed by the respondents, it was allowed and was decreed for recovery of Rs. 24,875/-. The petitioner filed second appeal against the decree which was admitted. However, the petitioner did not carry the matter in second appeal against his suit for damages and was content with filing an appeal against the decree of damages granted against him. The High Court recording the findings has held thus :

"Thus, on the basis of the aforesaid factual as well as legal proposition, it can safely be said that where two connected suits have been tried together and the findings recorded in one of the suit have become final in absence of an appeal, the appeal preferred against the findings recorded in the other suit would definitely be barred by the principles of res judicata. This is the ratio of the above cited case law deci