1. This Civil Revision Petition is against the finding of the court below holding that the suit is barred by res judicata. Plaintiffs are the revision petitioners. The suit is one for partition. On the averments in the pleadings, the defendants wanted the court to raise an additional issue whether the suit is barred by res judicata by reason of the decree in O.S.No.13/66. The court settled the above issue and allowed that issue to be tried as a preliminary issue. As I said earlier, the finding on this preliminary issue is against the plaintiffs. They are aggrieved. They filed this Civil Revision Petition.

2. It is admitted that there was an earlier suit --O.S.No.13/66 between the parties. This suit was also for partition of the property involved in the present suit. In this suit (O.S.No.13/66) a preliminary decree was passed on 3-4-1968. The said judgment was appealed against in A.S.No.376/68. The appellate decree was passed on 11-11-1971. So, there is a final and concluded decree between the same parties in respect of the suit property. The shares in the suit property due to the plaintiffs have been decided in the earlier suit O.S.13/66. This composition of facts was ur