JUDGEMENT :- This second appeal raises an interesting question of law about the principle of res judicata.

2. The only question that falls for determination is that when two suits involving substantially the same issue are disposed of under a common judgment, non-filing of an appeal against the judgment and decree in one suit, will operate as res judicata when the decision in the other suit alone is challenged in the appeal.

3. Though in my opinion, the Supreme Court has laid down that the principle of res judicata will be attracted in such cases, vide Koshal Pal v. Mohanlal, AIR 1976 SC 688, followed by Balasubrahmanyam J. in Khaja Mohideen v. Muhaideen Batcha, (1979) 92 Mad LW

28: (AIR 1979 Mad 155) and Lonankutti v. Thomman, AIR 1976 SC 1645, learned counsel for the respondents sought to distinguish these rulings on the ground that the above principle will not be applicable to cases where the two suits were disposed of under a common judgment. Incidentally, the learned counsel claimed support to his above contention from the following observation of the Supreme Court in Narhari v. Shanker, AIR 1953 SC 419 (at p. 420)-

"It is now well settled that where there has been one tr