Judgement

Appeal (No. 21 of 1929) from a decree of the High Court (November 29, 1926), reversing a decree of the Subordinate Judge of Burdwan

The only question necessary to be determined upon the appeal was whether a finding arrived at in a contentious proceeding under the Probate and Administration Act, 1881, that respondent No. 1 was the nearest relation to one Nistarini deceased, was res judicata in a suit subsequently brought by the present appellants.

The facts sufficiently appear from the judgment of the Judicial Committee.

98 Law. Rep. 57 Ind. App. 24 ( 1929- 1930)

Kalipada De V. Dwijapada Das 199

The Subordinate Judge, relying upon Lalit Mohan Das v. Radharaman Saha (( 1911) 15 Cal. W. N. 1021.), held that the matter was not res judicata, and that upon the evidence Gokal Dhar and Banwari Dhar, from whom the plaintiffs derived title, were Nistarinis heirs.

The High Court (Ghose and Panton JJ.) reversed the decision, holding that the earlier finding was binding upon the parties; they were also of opinion upon the evidence that Dwijapada Das was the nearest heir.

1929. Oct. 25. De Gruyther K.C. and Dube for the appellants. The respondents did not appear.

Nov. 19. The judgment of