This is a petition to review the judgment, dated 23rd June, 1960, of a Division Bench of this Court consisting of Rajamannar, C.J., and myself. We concurred with the Additional District Judge in his conclusion and found that the plaintiff’s claim was barred by res judicata and by limitation which were the only two questions argued before us on his behalf. The plaintiff’s appeal was accordingly dismissed. He now seeks review on two grounds, to wit, (1) that the Division Bench had no jurisdiction to decide the appeal and (2) that the counsel, who appeared for the appellant in spite of definite written instructions from his senior counsel in the trial Court to argue a certain point, totally failed to do so. The learned Chief Justice having since retired, the petition comes before me stitting alone for disposal under Order 47, rule 5 of the Code of Civil Procedure.

The appeal, arising, as it did, from Kanyakumari District was, in the wake of its merger with this State under the provisions of the States Reorganisation Act, 1956, transferred from the High Court of Travancore-Cochin to this Court under section 60 of that Act. While the appeal was still on the file of the High Court