JUDGMENT - CHAGLA, C. J. :

This appeal raises a rather important question as to the applicability of the principle of res judicata. The trial Court held that the suit which it was considering was barred by res judicata and dismissed the suit, and the plaintiffs have come on this appeal.

(2) The suit that was held to be barred was a suit filed under O. 1 R. 8 of the Civil Procedure Code, and the plaintiffs represented the Hindu community of Bombay. The suit was for a declaration that the members of the Hindu Community had acquired vested rights to use the Mumbadevi Tank for having purificatory baths and to use the embankments thereof for performing religious, obsequial and other ceremonies. The suit was filed against the defendants who were the purchasers from the defendants in the earlier suit, being suit No. 438 of 1934. That suit was filed by the plaintiffs as relators under S. 92 of the Civil Procedure Code and in that suit the plaintiffs alleged that there was a dedication by one Putlibai in 1776 in respect of the very property which is the subject matter of the present suit, and by reason of that dedication the plaintiffs claimed that the Hindu community had the same rights whic

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