Panchapakesa Ayyar, J.-

These are two appeals against the judgment of our learned brother, Rajagopalan, J., in C.S.No. 214 of 1944 on the Original Side of this Court, holding that the judgment of the Mysore High Court, consisting of Medappa, C.J. and Balakrishnaiya and Mallappa, JJ., operated as res judicata in this suit regarding the moveable properties mentioned therein, subject to proof of pecuniary or other interest of Medappa, C.J., in a Mercedes Car, belonging to the estate of the deceased Ramalinga, and proof of his having attempted, in October, 1945, and the beginning of 1946, to dissuade Mr. L.S. Raju, Advocate for the plaintiffs, from appearing for the plaintiffs, Ramalinga’s sons, and making strong and unwarranted remarks against them, which two facts, if proved, would, in the opinion of our learned brother, make Medappa, C.J., so interested in the subject-matter of the suit or in the parties to the suit as to make him disqualified to be a Judge in the matter, as he would be practically judging his own cause and violating the principle of audi alteram partem, and make the trial coram non judice, and the judgment a nullity. Regarding the four items of immoveables situated in Madras and included in C.S.No. 214 of 1944, our learned brother held that there was no question of applying the principle of res judicata under section 13, Civil Procedure Code, since there was no attempt at any adjudication of the title to those four items by the Mysore Courts, as three of them (included in the Bangalore City Suit) were specifically excluded from the decree, on objection being taken by the defendants (executors) to the inclusion of properties outside the jurisdiction of the Mysore Courts, and the fourth item had not been included in the Mysore suits at all.

The facts may briefly be stated. V. Ramalinga, the father of the plaintiffs., was a resident of Bangalore in Mysore State. He died at Bangalore on 18th December, 1942. He had been extremely affectionate and considerate towards his wife, eldest son, Viswanathan, and other members of the family in the earlier stages and had tried to establish his eldest son, Viswanathan, in his prosperous business, he being worth over 20 lakhs of rupees and having influential connections and friends, but, it is said that he became, later on, disappointed with his eldest son’s conduct and application to business, and felt himself insulted by the conduct of his wife, eldest son and other children, and so executed a will, dated 10th September, 1942, some three months before his death leaving to his wife, sons, etc., only a comparatively paltry pittance and bequeathing almost his entire properties to charities claiming them all to be his self-acquired properties and therefore devisable by him by will. The properties were admittedly Worth more than 20 lakhs and consisted of immoveable properties situated in Bangalore Cantonment administered in those days by the British Resident in Mysore and subject to his Court, but admittedly part of Mysore State for purposes of sovereignty though appeals from the Resident’s Court lay to the Privy Council till Independence and retrocession, in Bangalore City, within the State of Mysore, and in Hospet, Madras City and other parts of Madras State. Ramalinga appointed three persons as executors to administer his estate after his death and conduct the charities he prescribed in the will. Those are the defendants in C. S. No. 214 of 1944.

The executors obtained probate of the will from the District Judge, Civil and Military Station, Bangalore Cantonment. An appeal to the Resident’s Court by the sons and daughters of Ramalinga (plaintiffs here and others), who had entered caveat, failed. A further appeal was preferred by them to the Privy Council. Before that appeal came on for hearing before the Privy Council, the Cantonment area was retroceded to His Highness the Maharajah of Mysore. The Privy Council held, therefore, that they had no more jurisdiction to hear the appeal

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