The principle of resjudicata applies, barring parties from re-litigating matters already decided by the court in previous proceedings.

( 1 ) THIS second appeal is by the plaintiff who filed a suit seeking a declaration that he is the owner of 1 acre 27 guntas of land, of which the defendant was an occupant as held by the Special Deputy commissioner and given that status in proceedings adopted under the inams Abolition Act, in which there was a contest, before the karnataka Revenue Appellate tribunal between the parties, culminating finally in an order made by this Court in W. P. Nos. 539 and 606/1973 on 6-2-1970, under a considered order made by his lordship Mr. Justice Jagannath shetty, as he then was, rejecting both the writ petitions as bereft of any substance.

( 2 ) IT would be useful to extract some parts of the order made by his Lordship relating to this"on the question of regularity of the procedure adopted by the Deputy Commissioner, I may state, that rightly or wrongly the petitioner was represented in the enquiry by his elder brother. His elder brother was examined by the tahsildar. He made a statement which was accepted by the deputy Commissioner. That was the basis for granting occupancy rights to the petitioner and his brother. I have perused the contentions urged in the appeals before the Tribunal. All those contentions relate to the alleged fraud said to have been committed by his elder brother. The petitioner did not urge that there should have been a joint enquiry on the rival applications. In the circumstances, I find no justification to reverse the order of the Tribunal, either on the question of limitation or any other ground. In the result, these petitions fail and are dismissed, but no costs. "

( 3 ) AFTER the dismissal of the writ petitions referred to supra, the plaintiff went back to the court of Munsiff, at Mandya seeking a decree in respect of that very item of property alleging that the declaration obtained by his brother at the hands of the inam abolition authorities was void and nonest, because he had no opportunity to participate in these proceedings, and that he had actually been kept in the dark about the proceedings, wherein his brother had purported to act on his behalf although he had no authority to do so and had succeeded in persuading the inam Abolition Authorities to decjare him as an occupant even in regard to the disputed item of property to which he had no entitlement at all.

( 4 ) THE Dy. Commissioner of Inams who (sic) was in favour of the defendant was not a party to the suit. The plaintiff also did not make any prayer for possession of the suit schedule property which had by then vested in the government.

( 5 ) THE sole defendant in the suit is no other than the brother of the plaintiff and he raised in main the objection touching the maintainability of the suit in view of the proceedings adopted under the Inams Abolition Act, that had reached a terminus a quo by the dismissal of the writ petitions presented on behalf of the plaintiff before the High Court.

( 6 ) SUFFICE it to note the Munsiff, dismissed the suit and subsequently in an appeal before the Civil Judge the plaintiff did not meet with any better success. While the matter was pending before the civil Judge, appellant made an application for amending his plaint by including a prayer for annulling the order of the Spl. Deputy commissioner and for a direction being issued to the Spl. Dy. Commissioner to grant occupancy rights to him. He did not however seek for impieading of the Spl. Dy. Commissioner as a party to nominee to the proceedings.

( 7 ) THE learned Civil Judge by a considered order dismissed both, the appeal and the application. Hence this appeal.

( 8 ) SRI Kadidal Manjappa who appeared for the appellants in this appeal, strenuously contended that the Civil Judge was wrong in rejecting the plaintiff's application for amendment of the plaint seeking to include the relief of cancellation of the Dy. Commissioner's order and wanted in particularly to consider the aftermath of such rejection. He also urged that the learned Munsiff hav