Bopanna, J.—This appeal by Defendant-7 is directed against the judgment and decree of the Civil Judge, Davanagere, in O.S. No. 6 of 1975 decreeing the suit of the plaintiff for cancellation of the decree made against him in O.S. No. 5 of 1941-42 on the file of the District Judge, Shimoga, and reviving the said suit in O.S. No, 5 of 1941-42 reserving liberty to Defendant-7 to prosecute the said suit as against the plaintiff. The decree against the other Defendants 1 to 6 remained undisturbed. The parties in this Judgment will be referred to by the ranking assigned to them in this appeal.

2. The facts of the case take us back to a litigation successfully commenced by the appellant four and a half decades ago in O.S.No. 5 of 1941-42 against Respondent-1 and seven others. Respondent-1 was admittedly a minor in the said litigation and so also the appellant. The said suit was for recovery of possession of immovable properties described in 'A' Schedule and also to obtain possession of moveables or the value thereof as described in 'B' Schedule on the ground that they were the self acquired properties of the appellant's father and also for partition and possession of 'C' Schedule pr