Judgement

Appeal (No. 62 of 1930) from a decree of the High Court (November 16, 1927) reversing a decree of the Subordinate Judge of Tuticorin (March 17, 1923).

The suit was instituted in 1919 by the appellants, suing as representatives of the Vaniyas (oilmongers) of Tiruchendur for a declaration of their right to worship in the inner shrine of a Hindu temple at Tiruchendur; the defendant-respondents, who were trustees and servants and others connected with the temple, were sued as representatives of all persons similarly interested. The permission of the Court was obtained under Order 1., r. 8, of the Code of Civil Procedure to the representative character of the suit.

The sole question for determination upon the present appeal was that raised by issue 5—namely, whether the decision in a suit instituted in 1877 operated against the plaintiffs as res judicata. The facts as to that earlier suit and the material provisions of the Code appear from the present judgment.

The Subordinate Judge granted the declaration prayed for. He held that the suit was not barred by res judicata. He said that there was nothing to show that the plaintiffs in the earner suit had obtained permission under