(1) This appeal raises an important question under Section 13 of the Code of Civil Procedure as regards the effect of a foreign judgment on a subsequent suit based on the same original cause of action between the same parties in respect of some other properties.

(2) There is no dispute about the facts relevant to the appeal between the parties. The land in dispute were of the ownership of one Ishwar, son of Ganapiah, who died on 19-1-1945 without leaving any direct heirs behind him. The lands are situated at Manvalli in Siddapur Taluka of North Canara District. Respondent No. 1 institutes O.S. 44/56 in the Court of the Civil Judge, Junior Division, Sirsi on 7-6-1956, for a declaration that he was the nearest heir to the deceased Ishwar and for possession and other consequential relief's against the appellants and other respondents. The plaintiff claimed to be the father's sister's son of deceased Ishwar while the appellant claimed to be the mother's mother of Ishwar. Ishwar owned some immovable property at Talava in Sagar Taluka of Shimoga District which formed part of the princely state of Mysore. In respect of that property the plaintiff instituted O.S. 268 of 46-47 in the