ORDER :- This petition by a plaintiff is to revise the finding of the learned Subordinate Judge of Cuddalore on the issue whether the finding in an earlier litigation in O. S. No. 56 of 1958 operated as res judicata against the plaintiff. The Subordinate Judge found that the earlier finding so operated.

2. The sons of the plaintiff instituted the earlier suit impugning a sale executed by their familier, who was the first defendant there, in favour of the 8th defendant on the ground that it conveyed joint family properties and that the sale was not supported by necessity or benefit and therefore was not binding on them. The first issue which the court had to decide in the earlier limitation was whether the suit properties were joint family properties, as contended by the plaintiffs, or whether they were separate properties of the first defendant, as contended by defendants 2 to 10. As I said, that issue was decided against the plaintiffs. In view of this, the court in the earlier suit stated :

"As a result of my finding on issue 1, issues 2 to 9 do not arise for consideration. However, I proceed to discuss these issues also and give my findings". These issues covered the vali