JUDGMENT

Banerjee, J.-The cardinal issue m this appeal by the grant of special leave against the judgment of Bombay High Court (Nagpur Bench) pertains to the applicability of the doctrine of Res judicata or Constructive Res judicata envisaged under Section 11 of the Code of Civil Procedure read with the Explanation including Explanation VIII thereto in terms of the provisions of Amendment Act of 1976.

2. In order, however, to appreciate the issues as above, it would be convenient to advert to the contextual facts at this juncture. The facts disclose that the plaintiff/appellant herein instituted a civil litigation being Suit No. 13 of 1974 against the denial of claim for possession of the property. The plaintiff alleged that he was taken in adoption by one Radhabai on 25th April, 1967 who however was married to Mahadeo. Admittedly Mahadeo died on 1st August, 1919 and the property being the subject matter of the suit, belonged to one Mohanlal who died in 1923 leaving him surviving his widow Kisnibai who died in 1951. The plaintiff/appellant s claim was that his adoptive father Mahadeo, was adopted by Mohanlal as a son to him during his life time and after the death of Mohanlal, the fa