1. This appeal is directed against the High Court order dated 26th September, 1989 in second appeal. The short question raised in this appeal is, whether an order granting Succession Certificate under S.373 of the Indian Succession Act, 1925 would operate as res judicata to the suit for partition filed in a civil court between the same parties.

2. The short facts are: the appellants are the defendants in suit No. 20 of 1974 which is filed by respondent No.1 Velu Pillai since deceased claiming to be the only legal heir as brother to the estates of one Kizhangumvilayil died intestate. The suit was for declaration, partition and recovery of possession of the plaint schedule properties. The said respondent also filed O.P. No. 33 of 1974 in the same court for obtaining Succession Certificate for receiving money from Life Insurance Corporation. The plaintiff case in the suit is that he along with Ramakrishna Pillai and the said deceased Thankappan Pillai were the children of one Parameshwaran Pillai and Karthiyayani Amma. Since the deceased Thankappan Pillai had no other legal heir to succeed his estates, he is entitled to be declared as a legal heir to the estates of the said