JUDGMENT

TARUN CHATTERJEE, J.—

1.Leave granted.

2.This appeal by grant of special leave is preferred by the appellant against the judgment and decree of the High Court of Judicature at Madras in Second Appeal No. 840 of 1994 whereby the High Court had dismissed the second appeal and affirmed the judgment of the first appellate court which in its turn had set aside the judgment and decree of the trial court decreeing the suit of the appellant.

3. The core question which needs to be decided in this appeal is whether the High Court was justified in holding that the ex parte decree passed in favour of Saroja and her minor children Suganthamani and Ramesh (Saroja being Respondent No.3 in this appeal) would operate as res judicata in the subsequently filed suit at the instance of the appellant against the respondents, and out of which the present appeal arises.

4.Before dealing with the facts of the present case and before examining the merits of the question raised before us, as noted hereinabove, let us first consider the general principles of res judicata which have been incorporated in Section 11 of the Code of Civil Procedure [ for short “CPC”], which reads as follows :

“11.Res judicata.